Recent records obtained by the New York Times confirmed serious deviations from acceptable management and operation at the Jarratt, VA. Boar’s Head plant dating back to 2022.  Successive audits by the USDA-FSIS disclosed insect infestation, mold, structural defects, rusty equipment, accumulation of meat remnants on work surfaces and floors in the facility.  From August 2023 through July 2024, the plant accumulated 69 violations.  Despite the obvious deficiencies, no direct action was taken until an outbreak of listeriosis was traced back to the Jarratt plant.  This resulted in a series of recalls of product eventually amounting to seven million pounds by late July.  To date, there have been 57 confirmed cases of listeriosis with, regrettably, nine fatalities.

At the direction of FSIS in a July 31st communication management of Boar’s Head suspended operations at the Jarratt plant indefinitely. The future of the facility, if not the company, is in question. Given that inspection reports indicated that the facility was a risk to public health, it is questioned why the plant was not closed by FSIS before the current outbreak given the potential for foodborne infection.

Plaintiff Attorney, Robert Marler, published a series of obvious questions as to why the USDA-FSIS was reluctant to act.  He also questioned why the company failed to comply with standards including Listeria assays on products and the environment of the plant given the risks associated with RTC cold cuts. Senator Richard Blumenthal (D-CT) has called for the USDA Inspector General to review the action (or inaction) by the FSIS and their apparent dereliction of duty.

The Boar’s Head situation is eerily reminiscent of the Blue-Bell ice cream case involving Listeria contamination but in this case leading to a limited outbreak. Investigations confirmed suppression of data relating to contamination of plants and products. Failure to address the problem and to eliminate known Listeria contamination in two plants led to recall of all product and close plants. Ultimately transfer of ownership to an investment company occurred and a series of criminal indictments were issued for complicit quality control personnel and the CEO.

Given the magnitude of the Boar’s Head outbreak and its consequences, litigation is inevitable with jurors expected to award both direct and punitive damages if claims go to trial. The question remains as to the responsibility of FSIS and the accountability of decision makers in the Agency.  Both the USDA and the FSIS have repeatedly failed in their responsibility to protect consumers. This reality together with problems associated with the FDA support the need for a separate food safety agency as proposed in the 2024 Federal Food Administration Act sponsored by Senators Richard Blumenthal (D-CT) and Richard Durbin (D-IL) and Congresswoman Rosa DeLauro (D-CT).