A “law enforcement” inquiry is probably underway concerning the multi-state listeria outbreak linked to Boar’s Head, according to notifications received by YSL News on Thursday and Friday.

This outbreak spans 19 states, has sent 59 people to the hospital, and resulted in 10 deaths. The ongoing legal inquiry, which YSL News uncovered through rejected and altered requests for records, suggests that there may be criminal or civil case investigations in progress, according to food safety lawyer Bill Marler.

“In my 31 years dealing with the (U.S. Food Safety and Inspection Service), I’ve never encountered a response like this,” Marler said. He has previously advocated for a congressional hearing regarding this issue. The inquiry could be examining the actions of USDA’s Food Safety and Inspection Service (FSIS) inspectors as well as Boar’s Head’s practices, he indicated.

The CDC first reported the listeria outbreak on July 19, which led to product recalls by Boar’s Head in addition to investigations involving Boar’s Head, FSIS, CDC, and other bodies.

The Jarratt facility has now been shut down permanently, leaving 500 workers unemployed. Additionally, Boar’s Head has ceased production of its liverwurst products, which were suspected to be the source of the listeria contamination.

Government investigation into the Boar’s Head outbreak

YSL News learned about the legal inquiry when FSIS turned down multiple requests for records related to the outbreak, using an exemption that shields information compiled for “law enforcement purposes” from being disclosed.

This exemption allows records to be withheld if the release could “reasonably be expected to interfere with enforcement proceedings,” according to the denial letter.

FSIS declined nearly 400 pages of documents requested by YSL News, stating that releasing this information prematurely could disrupt enforcement actions and “impair the government’s ability to continue shaping and controlling the investigation.”

Currently, U.S. officials are not providing comments regarding any ongoing investigation.

“The Justice Department policy restricts either confirming or denying the existence of an ongoing investigation,” Brian McGinn, a spokesperson for the U.S. Attorney’s Office for the Western District of Virginia, told YSL News.

FSIS and The Office of the Inspector General (OIG) did not respond immediately to requests for comments. Boar’s Head chose not to comment, as they refrain from discussing legal matters.

Calls for a listeria investigation from food safety experts and politicians

Marler isn’t alone in expressing concern and urging that a comprehensive investigation be conducted.

On Thursday, U.S. Senator Richard Blumenthal (D-CT) and U.S. Representative Rosa DeLauro (D-CT-03) urged the USDA and DOJ to consider criminal charges against Boar’s Head and to enhance USDA’s protocols for preventing listeria.

“The time for action is long overdue, and we urge your agencies to collaborate to seek immediate justice for affected consumers and to ensure this does not happen again,” said Blumenthal and DeLauro in a public statement. “It is crucial that the agency take this matter seriously and implement the necessary measures to address the issues raised by this outbreak.”