Confidential vs. Confidential – 2

July 2013

Whistle blower client/employee complained about numerous illegal substances being used in the manufacture of a food-additive. Client was very concerned about possibility of going to jail if she allowed food ingredients to be used which were not human grade, but “feed” grade. Our client quit once, was promised the bad acts would stop, then came back only to find out the practices continued and she was forced to walk out again.

We hired an expert in food preparation/labeling to help educate the mediator on the numerous violations of FDA, USDA and State of California laws that were violated by the employer’s bad acts. A food manufacturer/processor is required to maintain the highest standards in all aspects of food preparation, from purchasing, to quality systems, grounds, building and equipment, pest control, receiving, shipping and storage, plant sanitation, processing and related topics. In this case, our client complained about an “off site” storage facility which was not registered with the FDA and which was used to store non-conforming food stuffs so that any “surprise” inspection would not find the contraband product.

Our client was very pleased to receive $300,000 in settlement of this matter. We had combined our settlement demand with a “ready to file” lawsuit, which we believe really got the defendant’s attention!

We have represented many employees in the food manufacturing, production industry and believe that public health mandates that whistle blowers receive the highest rewards and encouragement to keep the nation’s food supplies safe.


Attorney Brian Vogel

Brian Vogel graduated with a philosophy degree from Emory University in Atlanta, Georgia in 1982 and with a law degree from Benjamin Cardozo School of Law in New York in 1986 and has been a licensed California attorney since 1987.