“The purpose of the audit performed by BFS, on behalf of Primus, was to ensure that the cantaloupes produced by Jensen were of high quality, fit for human consumption, free from contaminants, and in compliance with the appropriate standards of care concerning the production of cantaloupes, including, but not limited to, good agricultural and manufacturing practices, industry standards, and relevant FDA industry guidance,” the Jensens lawsuit states.
The Jensen brothers also used part of the U.S. Attorney’s case against them as support for their case against Primus.
“According to James R. Gorny, Ph.D., at the time a senior advisor for produce safety, Center for Food Safety & Applied Nutrition at the FDA, Jensen deviated from industry standards by failing to use an anti-microbial, such as chlorine, in the packing of their cantaloupes during the summer of 2011,” states the Jensens' complaint, quoting directly from the case against them.
“…Dr. Gorny opined that the Primus Labs subcontractor that conducted the pre-harvest inspection of Jensen Farms, and provided a ‘superior’ score of 96% for the audit upon which Jensen Farms relied, was seriously deficient in its inspection and findings.”
The Jensens contend Primus is guilty of negligence, breach of contract, negligent hire, negligent misrepresentation and unfair and deceptive trade practices.