After Recalls, Owings Mills Ice Cream Company Files for Bankruptcy

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After a visit from the Food and Drug Administration earlier this year resulted in a recall of more than 60 of its products, Owings Mills ice cream manufacturer Totally Cool Inc. filed for Chapter 11 bankruptcy on Friday.

The FDA detected listeria around one of the company’s production lines during an unannounced inspection in late May, and on June 21 directed Totally Cool Inc. to shut down all of its product lines — a move that forced the ice cream manufacturer to lay off 68 of its 71 employees and “suffer the loss of all revenue streams,” according to the bankruptcy filing last week in the U.S. Bankruptcy Court for the District of Maryland.

The FDA “did a very extensive on-site inspection and they only found a trace of listeria on one line of the production equipment,” said Irving Walker, an attorney at Cole Schotz P.C. representing Totally Cool Inc. “To this day, we don’t know of a single consumer who ever became sick from eating a product manufactured by Totally Cool.”

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As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication.

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