Injunction Against Virginia Company and Employees to Prevent Distribution of Adulterated Milk Powder

[nitpicker]

https://www.justice.gov/opa/pr/district-court-enters-permanent-injunction-against-virginia-company-and-employees-prevent

Department of Justice
Office of Public Affairs

FOR IMMEDIATE RELEASE
Wednesday, March 15, 2017

District Court Enters Permanent Injunction Against Virginia Company and Employees to Prevent Distribution of Adulterated Milk Powder Products

The U.S. District Court for the Western District of Virginia entered a consent decree of condemnation and permanent injunction against Valley Milk Products LLC, Michael W. Curtis, Robert D. Schroeder, and Jennifer J. Funkhouser (defendants), the Department of Justice announced today. The consent decree also orders the condemnation of certain seized milk powder products and prevents the further distribution of adulterated milk powder products.

The Department filed a seizure action in the Western District of Virginia on Nov. 18, 2016, at the request of the U.S. Food and Drug Administration (FDA). The November complaint alleged that certain milk powder products of the defendants were manufactured under insanitary conditions whereby they may have become contaminated with filth, and/or whereby they may have been rendered injurious to health. That complaint sought to seize and condemn certain adulterated milk powder products at Valley Milk Products’ Strasburg, Virginia facility.
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Valley Milk Products LLC is a manufacturer of Grade A and non-Grade A milk products including, but not limited to milk powder products, condensed milk products, and butter. The permanent injunction also named Valley Milks’ General Manager Michael W. Curtis, Plant Manager Robert D. Schroeder, and Quality Control Compliance Officer Jennifer J. Funkhouser.

As alleged in the complaint, during a 2016 inspection of Valley Milk, FDA confirmed the presence of Salmonella meleagridis in the Strasburg facility. Salmonella strains were nearly identical to Salmonella strains found at the firm in 2010, 2011, and 2013. In addition, the complaint alleged that Salmonella meleagridis was also present in the firm’s undistributed finished product samples. The complaint also alleges that, in addition to the presence of Salmonella, the defendants’ milk processing facility had insanitary conditions, including dripping brown fluids and old product residue within the processing equipment. The complaint alleges that this evidence demonstrates that the firm’s sanitation practices were inadequate to control or eliminate Salmonella meleagridis in their processing environment.
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