DOJ Seeks Injunction against New York Fish Company

WASHINGTONThe federal government is seeking to enjoin a New York-based company from putting ready-to-eat fish products including smoked salmon and mackerel into the market until it complies with the law.

New York City Fish, Inc.,. whose food is sold to stores in Maryland, Massachusetts, Pennsylvania and New Jersey, has been accused of making and distributing the products under insanitary conditions, rendering them "adulterated" under the Federal Food, Drug and Cosmetic Act.

The U.S. Department of Justice (DOJ) has asked a federal court to grant a preliminary injunction against the Brooklyn, N.Y.-based company and key employees. 

The DOJ filed the lawsuit against N.Y. Fish Inc., New York City Fish Inc., Maxim Kutsyk, Pavel Roytkov, Leonid Staroseletesky, and Steven Koyfman. Although N.Y. Fish Inc. has ceased manufacturing, FDA believes the fish products are still distributed and sold, the DOJ, which is the enforcement arm of the executive branch, said.

These companies have ignored previous warnings by the FDA and have continued to produce and distribute products in violation of federal law," said Melinda Plaisier, the FDAs acting associate commissioner for regulatory affairs, in a statement Friday. This lawsuit shows that the FDA will aim to protect public health by seeking enforcement action against companies that are identified as violating federal requirements."

A person at New York City Fish who picked up the phone late Friday hung up after a reporter identified himself.

The DOJ alleges FDA inspectors collected samples at the company's facilities, which revealed the presence of a bacterium that causes the serious and potentially fatal disease Listeriosis. Clostridium botulinum, another dangerous bacterium, was reportedly detected as well.

Inspectors also found the company failed to implement a Hazard Analysis Critical Control (HACCP) plan for seafood products, verify records in a timely manner or implement corrective actions, according to FDA. The government-mandated HACCP plans address the foods that are processed at a facility and the related food-safety hazards that are reasonably likely to occur, the agency explained.

The case is before the U.S. District Court for the Eastern District of New York.