Fact Pattern 19-2
Jayme's Best produced a new line of pasta sauce (Herbal Health), intending for it to have extra nutritional benefits. Using the freshest ingredients, Jayme's added special herbs to the tomato paste and spices, as the herbs are believed by some Tibetan monks to have the power to prevent cancer. Jayme's marketed the sauce in grocery stores and health food stores. Jayme's advertisements said that Herbal Health may help prevent cancer and taste a lot better than the competition. Based on these facts, answer the following questions.
-Refer to Fact Pattern 19-2. If Jayme's sauce is found to contain a contaminant that makes people sick, the most the Food and Drug Administration can do to try to protect the public is:
A) nothing; such matters are for consumers to resolve in tort law.
B) report the matter to the media to spread the word not the eat the sauce.
C) file a motion in federal court requesting that the agency be allowed to inspect the plants immediately.
D) seize the sauce to stop it from being sold.
E) impose heavy fines on Jayme's for violating safety standards.

Question

Quizplus · Accepted Answer

If a contaminant is found in Jayme's sauce, the FDA has the authority to seize the product to prevent it from being sold and to protect the public from further harm. This is the most appropriate action to take in this situation. The FDA may also investigate the cause of the contamination and take further action if necessary, such as imposing fines or requiring corrective action from Jayme's.

Fact Pattern 19-2 Jayme's Best Produced a New Line of Pasta Sauce (Herbal