A “law enforcement” investigation into the Boar’s Head listeria outbreak in multiple states is likely underway, based on notices received by USA TODAY on Thursday and Friday.
The outbreak in 19 states has left 59 people hospitalized, including 10 dead, and the existence of a legal investigation, which USA TODAY learned through a records request that was denied and redacted, indicates a criminal or civil case investigation is underway. Bill, a food safety lawyer, said that this is likely the case. Mahler.
“In 31 years of dealing with the (U.S. Food Safety and Inspection Service), I have never received a response like this,” said Marler, who previously called for a Congressional hearing on the situation. In addition to Boaz Head, he said the investigation could also look into the conduct of USDA Food Safety and Inspection Service (FSIS) inspectors.
The Listeria outbreak was first reported by the Centers for Disease Control (CDC) on July 19, leading to a product recall from Boar’s Head and an investigation between Boar’s Head, FSIS, CDC and other agencies.
Inspection records obtained through a Freedom of Information Act (FOIA) request by USA TODAY previously showed conditions at the Boar’s Head facility in Jarratt, Virginia, where the outbreak occurred, were substandard going back to at least 2022. . Documents reported the presence of mold. , dead insects, live insects, water leaks, rust, and other defects that “may pose an immediate threat to the product.”
The Jarratt plant in Virginia then closed permanently, leaving 500 people without jobs. Boar’s Head also discontinued its liverwurst product, which was believed to be the source of the listeria epidemic.
Government investigation into Boar’s Head outbreak
USA TODAY learned of the legal investigation when FSIS denied multiple records requests related to the outbreak, citing an exception that protects from disclosure “records or information compiled for law enforcement purposes.” It was.
Under this exemption, records and information that are being compiled for law enforcement purposes can be withheld if the release of that information “could reasonably be expected to interfere with enforcement proceedings.” The rejection letter states that it is possible to do so.
FSIS is withholding approximately 400 pages of documents requested by USA TODAY, saying premature release of the information they contain could impede enforcement proceedings and “impede the government’s ability to further control and shape the investigation.” said.
At this time, U.S. officials are declining to comment on the ongoing investigation.
“The Department of Justice policy prohibits us from confirming or denying the existence of an ongoing investigation,” Brian McGinn, a spokesman for the U.S. Attorney’s Office for the Western District of Virginia, told USA TODAY.
FSIS and the Office of Inspector General (OIG) did not respond to requests for comment. Boar’s Head declined to comment as the company does not comment on legal matters.
Food safety experts and politicians call for investigation into Listeria monocytogenes
Marler is not the only official calling for a major investigation.
On Thursday, U.S. Sen. Richard Blumenthal (D-Conn.) and U.S. Rep. Rosa DeLauro (D-Conn.-03) asked the Department of Agriculture and the Department of Justice to consider criminal charges against Boar’s Head. It called for strengthening the province’s listeria prevention protocols.
“The time for action is long past, and we demand immediate justice for the consumers affected and urge government agencies to work together to prevent this from happening again,” Blumenthal and DeLauro said. said in a press statement. “Going forward, it is important that government agencies take this issue seriously and take the necessary steps to address the concerns raised by this outbreak.”
