WASHINGTON — A federal court has rejected the potentially far-reaching claims of Florida tomato growers who say they lost business because of Food and Drug Administration warnings.
The ruling unsettles numerous growers, who collectively lost several hundred million dollars following FDA food safety warnings in 2008 that proved erroneous. The ruling also curtails other growers tempted to base similar challenges on the constitutional requirement that the government pay compensation for taking property.
“Advisory pronouncements, even those with significant financial impact on the marketplace, are not enough to effect a taking of property under the Fifth Amendment,” U.S. Court of Federal Claims Senior Judge Lynn J. Bush stated.
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