FDA Seeks Injunction Against Chung's

WASHINGTON The U. S. Department of Justice, in an action initiated by the U.S. Food and Drug Administration, is seeking a permanent injunction against Chungs Products LP, an egg roll manufacturer in Houston, Charlie A. Kujawa, the company's president, and Gregory S. Birdsell, the firm's director of quality assurance.

The complaint, filed in the U.S. District Court for the Southern District of Texas, charges the defendants with violating the Federal Food, Drug, and Cosmetic Act by preparing, packing and holding shrimp egg rolls under insanitary conditions, whereby they may have become contaminated with filth and rendered injurious to health. The complaint concerns Chungs fish and fishery products. It does not include Chungs other food products.

FDA inspections have revealed significant deviations from the seafood Hazard Analysis and Critical Control Point (HACCP) requirements. A 2009 FDA inspection of the firm showed significant deficiencies with the firms HACCP plan, including the continued failure to control for the risk of Clostridium botulinum toxin formation in its shrimp egg rolls that are packaged in modified atmospheric packaging at refrigerated temperatures. The 2009 inspection also found the presence of Listeria monocytogenes in the firms egg roll processing environment.

The agency has previously warned the company that corrective actions need to be taken in this facility, said Michael Chappell, the FDAs acting associate commissioner for regulatory affairs. This FDA action is aimed at protecting the public health.

The shrimp egg rolls produced by Chungs are sold in grocery stores and large retail stores nationwide.