When Recalls Lead to False Claims Act Cases: Asking the Right Questions

05/14/2013 // Whistleblower Law Firm // Keller Grover // (press release)

Not all whistleblower cases are equal. Among the most commonly reported fraud cases are those involving unethical practices related to overcharging for services in government programs like Medicare, inaccurate accounting of defense contract spending, pharmaceutical fraud, among other examples. However, there are often potential whistleblower cases that get overlooked because on the surface they do not appear to fall within the provisions of the False Claims Act. Those linked to recalls can be prime examples.

Recently, media outlets reported on a recall involving millions of pounds of frozen food items manufactured by Rich Products Corp that may have been contaminated with E. coli. There have so far been 27 illnesses reported in 15 states linked to the recalled products. To add to the scare, it has been found that an estimated 300,000 pounds of the recalled foods, primarily items labeled as pizza dippers and pepperoni pizzatas may have ended up in school cafeterias, which are funded through federal school lunch programs.

Every contractor providing food to the school lunch program must adhere to certain standards in order to be reimbursed. If they certify that they have complied with all these standards in order to get paid when they in fact have not, tainted food in the school lunch program may give rise to a FCA case.

If workers at factories where the food items are manufactured have information about potential contamination, unsanitary conditions or code violations they may be able to use the False Claims Act to stop the problems before people get sick. Taking the time to discuss these matters with a whistleblower attorney can help clear up questions about how the False Claims Act can empower these kinds of employees.

Keller Grover whistleblower lawyers are available for those with questions about a potential whistleblower claim. Individuals may contact the law firm of Keller Grover today for a free consultation about their legal rights with regard to blowing the whistle on fraud or any prospective False Claims Act claim.

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