Tomato Growers' Payback Claims Wither In Fed. Circ.

By Joe Van Acker (October 29, 2015, 12:49 PM EDT) -- Tomato growers aren't entitled to compensation from the federal government after their sales slumped following the U.S. Food and Drug Administration's incorrectly linking a salmonella outbreak to their produce, the Federal Circuit ruled Wednesday, affirming a decision by the U.S. Court of Federal Claims.

The appellate court said it was sympathetic to Dimare Fresh Inc. and dozens of other farms from Florida, Georgia and South Carolina, but said their claim that the government had effectively seized their products without paying for them would stretch the Fifth Amendment's takings clause beyond practicality.

"Although the FDA's press releases and media briefing adversely impacted...

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