DeLauro: FDA "statements reveal an emphasis on protecting the industry"

Tomato marketers would never have guessed that recent FDA statements have been designed to "protect the industry," but that's one suggestion of Rep . Rosa DeLauro, who has questioned FDA actions during the tomato/salmonella investigation. A fair reading of her letter does reveal that the Congresswoman does have some valid questions, however. From the office of Rep. DeLauro:

Congresswoman Rosa L. DeLauro (CT-3), Chair of House Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies, today sent a letter to Food and Drug Administration Commissioner Dr. Andrew von Eschenbach questioning the FDA’s response to the recent outbreak of Salmonella involving tomatoes.

“It would seem that these statements reveal an emphasis on protecting the industry, and a lesser concern with protecting the consumer who may be at risk,” DeLauro writes in the letter. “Meanwhile, consumers are once again forced to try to determine the status of an outbreak with unclear information. Instead, the FDA merely recommends consumers to contact the store for information as to whether the tomatoes they have purchased originated from an area that is not listed by the FDA. As we have learned from previous food-borne illness outbreaks, this approach often results in confusing, incomplete, or even incorrect information.”

Below is the text of the letter.

The Honorable Andrew von Eschenbach, M.D.

Commissioner

Food and Drug Administration

5600 Fishers Lane

Room 14-71

Rockville, MD 20857

Dear Dr. von Eschenbach:

I am writing to express concern over the recent Salmonella outbreak involving tomatoes. While I appreciate the investigative work being done by the Food and Drug Administration to determine the exact source of the contamination, I have questions regarding some of the agency’s actions during its investigation.

In the agency’s June 7 press release, the agency was able to identify the specific types of tomatoes that were subject to the outbreak. The FDA also was able to publish a list of states, territories, and countries where tomatoes are grown and harvested which have NOT been associated with this outbreak. In reviewing the details of this press release, one could presume that the FDA could have requested a recall of the tomatoes that were linked to the outbreak

A troubling aspect of the June 7 press release was the assertion that the FDA “recognizes that the source of the contaminated tomatoes may be limited to a single grower or packer or tomatoes from a specific geographic area. Another assertion in the release noted that FDA also “recognizes that there are many tomato crops across the country and in foreign countries that will be ready for harvest or will become ready in the coming months.”

It would seem that these statements reveal an emphasis on protecting the industry, and a lesser concern with protecting the consumer who may be at risk. Meanwhile, consumers are once again forced to try to determine the status of an outbreak with unclear information. Instead, the FDA merely recommends consumers to contact the store for information as to whether the tomatoes they have purchased originated from an area that is not listed by the FDA. As we have learned from previous food-borne illness outbreaks, this approach often results in confusing, incomplete, or even incorrect information.

An adequate food safety system should be developed using the approach of protecting the consumer first. It is only through this approach that we will be able to better identify specific sources of food-borne illness outbreaks and contaminations.

Please respond to the following questions regarding the Salmonella outbreak involving tomatoes.

What evidence does the FDA possess that would lead the agency to suggest that the contaminated tomatoes may be limited to a single grower or packer?

What evidence does the FDA possess that would lead the agency to believe that the contaminated tomatoes originated from a specific geographic region?

Why did FDA exclude cherry, grape or tomatoes still attached to the vine from the public health alert?

The FDA was able to publish a list of states, territories, and countries where tomatoes are grown and harvested which have NOT been associated with this outbreak. If the agency possesses evidence that would allow it publish such a list, why did the FDA not compel a recall of tomatoes from the other regions that were not listed?

The FDA is recommending that that retailers, restaurateurs, and food service operators continue to offer cherry tomatoes, grape tomatoes, and tomatoes sold with the vine still attached, from any source. What assurances can you provide that these types of tomatoes will not be linked to the Salmonella outbreak at a later date?

Thank you very much for your attention to this matter. Please provide a response to these questions by June 20.

Sincerely,

Rosa L. DeLauro

Chairwoman

House Appropriations Subcommittee on Agriculture
Rural Development, Food and Drug Administration, and Related Agencies