'Widespread pest infestation,' unsanitary conditions cited as FDA seizes goods from Arkansas grocery store

A discount grocery store in Alma has closed its doors after federal investigators said they found store products kept in unsanitary conditions.

After a 34-day investigation and cooperation from J&L Grocery to voluntarily destroy tens of thousands of dollars' worth of products, the U.S. Food and Drug Administration seized more than $800,000 worth of food, medicines and cosmetics upon review of the grocery's storage units and sued the Arkansas store, according to court filings and officials.

The U.S. Marshals Service raided J&L Grocery LLC twice last week, seizing food items, over-the-counter drugs, cosmetics, medical devices and pet food that once were inspected by the Food and Drug Administration, the agency said in a news release Friday. Along with tainted food items, several over-the-counter drugs were reportedly stored in unfavorable conditions and had already expired before being placed on store shelves.

"The widespread insanitary conditions found at J&L Grocery is alarming and won't be tolerated," FDA Commissioner Scott Gottlieb said in a statement. "At this time, we're unaware of adverse effects associated with the use of products purchased [there]."

A complaint of forfeiture was filed by the U.S. Department of Justice, on behalf of the FDA, in the U.S. District Court for the Western District of Arkansas alleging products under seizure were held in conditions that spoiled them and violated agency rules and regulations.

Before the raids, a federal investigation prompted J&L to voluntarily destroy more than 200 pallets and roughly 500 cases of goods in its warehouses valued at more than $60,000, court filings show. After cooperating, the Alma discount store is disputing the federal government's forfeiture claim on the basis that a small sample size led to a mass product seizure.

The 13-page complaint, filed Wednesday, reported the investigation that occurred between Sept. 19 and Oct. 23 at several sites owned by J&L: a main warehouse, six holding warehouses, two sheds for pricing and liquidation and outdoor storage areas.

Attached photos and court records show the investigation turned up "widespread pest infestation" including live and dead grubs and rodents and their droppings in, on, and around containers of store items, including food and cosmetic products. "Numerous containers" had been gnawed through; others had "stains characteristic of rodent urine," page 8 reads. Investigators also found water leaks, piles of debris and building damage, and reported animal sounds coming "through the walls and ceilings of the main storage."

According to the U.S. Food and Drug Administration, the agency can detain products if it has reason to believe the products are adulterated or misbranded. Detained products can be kept out of the marketplace for up to 30 days in some circumstances.

J&L Grocery, run by owner James White and manager Lori Layne, filed a counterclaim Friday, following the FDA's announcement. Fort Smith-based Jones, Jackson & Moll PLC are representing the store and issued a statement on its behalf:

"J&L Grocery has been a valuable member of the local community for years, serving the needs of many by offering discount groceries to those who are unable to afford shopping elsewhere," the firm said in an email. Items ranged from fresh produce and canned goods to mattress toppers and discounted diapers.

"Instead of continuing to work with J&L Grocery, the federal government has now instituted legal proceedings to cripple this local business by seizing more than $800,000 worth of goods from all of their warehouses and consumer stores based on a small sample of apparent adulteration," the Fort Smith firm said in an email Monday.

J&L Grocery, located east of Interstate 49 on U.S. 71, notified customers in a Facebook message on Thursday of the store closing and recent activity spurred by the food and drug regulator.

"As some may know the FDA has been paying us a visit. They now have closed the grocery store," it reads. "Thank you for all your patronage. With over 20 years of business I think that says a lot in itself. Thank you all, -- J&L grocery."

Business on 11/13/2018

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