United States Fourth Circuit

In a Federal Tort Claims Act (FTCA), 28 U.S.C. sections 1346(b), 2671-2680, suit by a tomato farmer against the United States, alleging that the Food and Drug Administration negligently issued a contamination warning in response to an outbreak of Salmonella Saintpaul that devalued plaintiff's crop, the district court's judgment dismissing the action is affirmed where: 1) the FDA was exercising a discretionary function in connection with the contamination warning; and 2) that ruling was essential to protect FDA's vital role in safeguarding the public food supply.

Appellate Information

• Published 2016/12/02

Judges

• WILKINSON

Court

• United States Fourth Circuit

Counsel