LOUISVILLE, Ky. -- A commissary that provides pastries to 34 Louisville, Ky., area Dunkin' Donuts locations is being targeted in a lawsuit brought by the doughnut chain that raises concerns about the facility's sanitary conditions, reported The Courier-Journal.
The commissary, identified as Fresh Serve Bakeries Inc., is a subsidiary of Louisville-based Thorntons Inc. The commissary makes doughnuts, sandwiches and salads for distribution to Thorntons QuickCafe & Markets.
The lawsuit, filed January 22 in U.S. District Court [image-nocss] in Louisville, includes copies of private health inspections carried out at the commissary by Steritech Group, a third party hired by Dunkin' Donuts. According to the newspaper, citing court records, the following problems surfaced during a Nov. 20, 2006, inspection: Dust and cobwebs observed in the fryer hood; swarms of flies observed in the dishwashing machine area, the utensil wash room and near the floor mixers; buckets of icing, bags of fillings, fat chips and corn syrup observed on the floor; excessive debris on the floors, in the dough press and on shovels.
Many of the same problems, and some new ones, were discovered during a followup inspection early this month, according to the lawsuit, the report said.
Claims made in filing a lawsuit give only one side of the case, the report added. Thorntons President Graham Baughman told the paper that the lawsuit was filed mistakenly and the matter has been resolved. The commissary has a good track record, he said, and recent government inspections have resulted in passing health grades. Baughman called the facility world class and said it is inspected daily.
Iris Rosario, an attorney in Washington representing Dunkin' Donuts in the case, told the Courier-Journal that there was no mistake and the case is still going forward. The lawsuit seeks more than $75,000 in damages, along with legal fees and a remedy for the health-related issues cited in the inspection.
Because the commissary is considered a wholesale food operation, it is inspected by the state, not by the Louisville Metro Health Department.
Baughman said the third-party inspections in the lawsuit only applied to the area of the commissary used to make Dunkin' Donuts products.
Thorntons, which acts as a franchisee for Dunkin' Donuts, has 43 gas stations and convenience stores in the Louisville market.
Dunkin' Donuts, based in Canton, Mass., has more than 7,200 locations worldwide.
Andrew Mastrangelo, a spokesperson for Dunkin' Donuts, said he could not comment in detail about the lawsuit. We are committed to the health and safety of our customers, he said in a statement obtained by the paper. Due to the fact that this is a pending legal matter, we are unable to provide further comment at this time.
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