New Federal Policy on Food Safety Enforcement: What It Means for Montana Families

As a Montana personal injury attorney with years of experience representing families harmed by foodborne illnesses, I’ve seen firsthand the devastating impact of unsafe food products. From Salmonella outbreaks to Listeria contamination, these incidents can lead to severe illness, long-term health complications, and even death. That’s why I’m deeply concerned about a new policy from the White House that could weaken accountability for companies responsible for food safety violations; and potentially put Montana families at greater risk.

A Shift in Federal Enforcement of Food Safety Laws

On May 13, 2025, a new White House directive outlined significant changes to how federal agencies handle criminal enforcement of regulatory offenses, including those under the Food, Drug, and Cosmetic Act (FDCA). Here’s a summary of the key points that could affect food safety enforcement:

• Reduced Criminal Prosecutions: The policy discourages criminal enforcement of regulatory violations, suggesting that civil or administrative actions should be prioritized instead.
• Focus on Intent: Prosecutions are now recommended only for individuals who knowingly violate regulations and cause or risk substantial public harm. This shifts away from the traditional approach of holding companies accountable regardless of intent.
• Disfavoring Strict Liability: The policy cites legal precedents like United States v. United States Gypsum Co. (1978) to argue that strict liability offenses, where intent doesn’t need to be proven, are “generally disfavored.”
• Regulatory Clarity: Agencies are now urged to clearly define conduct subject to criminal enforcement, including the applicable mental state required for prosecution.

Under the FDCA, specifically Section 333(a)(1), distributing adulterated or misbranded food in interstate commerce is a misdemeanor, punishable by up to one year in prison and a $100,000 fine. Historically, this has been a strict liability offense, meaning the government didn’t need to prove that a company intended to break the law, just that the violation occurred. This framework has been crucial in holding food companies accountable, even when they claim ignorance, as many have in past outbreaks.

What This Means for Food Safety Accountability

This policy shift could have significant implications for food safety enforcement. In the past, companies like Peanut Corporation of America faced felony charges after a 2009 Salmonella outbreak sickened over 700 people nationwide, including cases that likely reached Montana. While that company’s executives argued they didn’t know their peanut butter was contaminated, the strict liability standard allowed prosecutors to hold them accountable for the harm caused.

Under the new policy, however, such prosecutions might not happen. Other major foodborne illness outbreaks: think Blue Bell (Listeria in ice cream), Chipotle (E. coli), or Jensen Farms (Listeria in cantaloupes); might also escape criminal charges if the companies can claim they didn’t knowingly violate the law. For Montana families who rely on safe food products, this could mean less deterrence for negligent companies and a higher risk of unsafe products reaching our grocery stores and restaurants.

The Dissolution of a Key Enforcement Unit

Adding to these concerns, a recent report by Reuters journalist Sarah N. Lynch revealed that the Justice Department’s Consumer Protection Branch, a unit dedicated to enforcing food and drug safety laws, is being disbanded as part of a cost-cutting initiative by the current administration. This branch, which employed around 215 people, including attorneys and law enforcement agents, played a critical role in both criminal and civil enforcement of the FDCA.

The Consumer Protection Branch was instrumental in high-profile cases, including the prosecution of Peanut Corporation executives for their role in the 2009 Salmonella outbreak. With this unit gone, the government’s ability to pursue food safety violations, whether through criminal charges or civil penalties, may be severely limited. For Montana residents, this could mean fewer resources to ensure that companies are held accountable when their negligence leads to illness or injury.

Why This Matters to Montana Families

As a food safety attorney in Montana, I’ve represented clients who have suffered immensely from foodborne illnesses; whether it’s a child hospitalized with E. coli after eating contaminated ground beef or a parent facing long-term health issues from Listeria in deli meats. These cases often stem from corporate negligence, and the threat of criminal prosecution has been a key tool in ensuring companies prioritize safety over profits.

With this new policy and the disbanding of the Consumer Protection Branch, the landscape of food safety enforcement is shifting. Montana families may face a higher risk of encountering unsafe food products, and those harmed may find it harder to seek justice against negligent companies. While civil lawsuits remain an option, the loss of criminal accountability could embolden companies to cut corners, knowing they’re less likely to face serious consequences.

What Can You Do If You’ve Been Harmed by Unsafe Food?

If you or a loved one in Montana has been affected by a foodborne illness, you may have legal options to seek compensation for medical bills, lost wages, and pain and suffering. As a personal injury attorney with a focus on food safety, I’ve helped families hold negligent companies accountable for outbreaks involving pathogens like Salmonella, E. coli, and Listeria. However, navigating these cases can be complex, especially with changing federal policies impacting enforcement.

How Bliven Law Firm Can Help

If you suspect you’ve been harmed by contaminated food, don’t wait to seek legal advice. Contact Bliven Law Firm at 406-755-6828 or fill out our online contact form to schedule a free consultation. As a Montana personal injury attorney specializing in food safety, I’m here to help you understand your rights and pursue the compensation you deserve. Let’s work together to protect your family and hold negligent companies accountable.