In March, food giant Del Monte Fresh Produce recalled Guatemalan cantaloupes sold in Oregon after a salmonella outbreak sickened consumers here and in other states. At the time, William Keene, the Oregon Health Authority's senior epidemiologist, said the company's fruit was the culprit.
On Friday, Coral Gables, Fla.-based Del Monte notified the State of Oregon it intends to sue over the recall which it says was based on a "clear error of judgment." The notice follows a related federal lawsuit Del Monte filed against the federal Food and Drug Administration last week in Maryland.
Del Monte says that Keene played a large role in the recall. Del Monte says its cantaloupes were not to blame and that Keene acted hastily and without sufficient evidence in pushing for a recall.
"Dr. Keene and the OHA conducted an apparently cursory investigation of the illnesses and concluded that they were associated with the consumption of cantaloupes by the patients who became ill," reads an Aug. 26 tort claim filed with the Oregon Department of Administrative Services. "Dr. Keene reached this conclusion without ever testing any cantaloupes to determine whether they were contaminated with salmonella."
“Del Monte reluctantly took this action to protect our reputation as a trusted supplier of high quality, safe food products to consumers around the world and open a long needed dialogue among the public, the industry and the government to develop effective and reliable means to protect consumer safety," added Del Monte Vice President Dennis Christou in a statement.
“Despite the lack of evidence for their claims concerning Del Monte Fresh’s imported cantaloupes, the Public Health Division and Dr. Keene pushed the FDA to order a recall. The FDA ultimately found no connection between Del Monte Fresh cantaloupes and any cases resulting from the Salmonella outbreak, including those in Oregon, and the FDA closed the recall on July 29, 2011.”
Oregon Department of Justice spokesman Tony Green, whose agency represents state agencies, says the state will not comment on potential litigation.