FDA Squashes Most Of SC Farm's Tomato Recall Claims

Law360, New York (March 6, 2012, 7:05 PM EST) -- A federal judge on Tuesday trimmed a South Carolina farm’s suit claiming the U.S. Food and Drug Administration's 2008 recall over a potential salmonella outbreak tore into its sales, ruling the FDA is immune from the suit's defamation claim.

U.S. District Judge C. Weston Houck dismissed Seaside Farm Inc.'s defamation claim and its allegations that the FDA violated the U.S. Constitution's takings clause and the South Carolina Unfair Trade Practices Act, but allowed a negligence claim to stand for now.

Seaside claims the FDA issued a...
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