Industry officials have argued to the FDA that, at this point, the warning is serving only to scare away consumers and threaten the long-term prospects of a $3 billion-a-year industry.
"They are very quick to say, 'Stop eating,'" said Tom Nassif, president of Western Growers Association, representing Arizona and California farmers, packers and shippers. "They have to put as much effort into saying, 'Tomatoes are safe to eat,' as when tomatoes were the possible source."
FDA officials are talking about eliminating the list of cleared regions and plan to talk with the Centers for Disease Control and Prevention about possible steps to clarify any warning to consumers, said Dr. David Acheson, the FDA's associate commissioner for foods. But people keep getting infected, and investigators cannot yet rule out tomatoes, he said.
"The last thing we want to do with this investigation going on and people still getting sick is to lift an advisory on tomatoes and then have to take it back," Acheson said.
Some state health officials have said the FDA is being unfairly singled out, because the agency was acting on the findings of health departments in New Mexico and Texas, working with the CDC, in issuing the warning.
Industry officials maintain that tomatoes aren't a threat to consumers, since suspect regions haven't produced tomatoes in a month or more. They also note new evidence that at least a portion of the outbreak was caused by tainted jalapeno peppers, though no contaminated peppers have yet been found.
Last week, the FDA issued a new warning, cautioning the elderly, infants and those with weakened immune systems to stay away from raw jalapeno and serrano peppers, which are often confused with jalapenos.
Tomato growers are especially frustrated because they must decide soon whether to plant for the coming season. Growers don't want to make the $10,000-an-acre investment if the warning persists and consumer demand remains low.
"If we don't seed the crop, we're out of business. If we do seed the crop and FDA doesn't clear us, we're out of business," said Reggie Brown, executive vice president of the Florida Tomato Exchange, an association of growers and shippers.
Industry officials say the FDA's inaction has forced them to seek help from Congress. Tomato farmers, distributors and retailers are trying to determine the precise amount of damages the scare has caused.
The tomato industry is also seeking changes to the government food safety system, including standards to follow when deciding when to issue a warning and retract it.
jonathan.rockoff@baltsun.com
