Weis Markets Issues Recall for Possible Foreign Matter Contamination in Weis Ice Cream Products
Summary
A few weeks back, we discussed the push to remove the Standard of Identity for French Dressing. There is also a proposal to remove the Standard of Identity for frozen cherry pie. Posted in the Federal Register, the proposal looks to revoke the standards for cherry pie by a citizens petition from the ABA - the American Baking Association. The reasoning is that "frozen cherry pie is the only fruit pie, either frozen or non-frozen, that is subject to standards of identity and quality" and that it limits what a baker can do with this pie, but not with other pies, including non-frozen cherry pies. And since we have not had issues with other pies regarding a standard over time, then removing this should not result in a cascade of deception involving frozen cherry pies in the market.
There is probably a history of why this specific standard was written in the first place. Perhaps devious bakers were making low quality cherry pies and offering these at a lower price compared to the price for higher quality frozen cherry pies and the quality bakers complained. Perhaps a baker was producing pies at a lower price by using bruised cherries. Or perhaps there was a consumer complaint from people who felt duped because they bought a frozen cherry pie with little or no cherries. Can this issue still arise? Sure, but as consumers, we would be unlikely to buy a lower quality pie at an unreasonable price. We may not really care if the cherries have bruises. Consumers will have the choice of the frozen pie brand they purchase based upon price and the quality they expect.
"These recalls demonstrate that your corporation engaged in a pattern of receiving and offering for sale misbranded food products. For the time period of October 2019 to November 2020, your firm recalled 32 food products due to undeclared allergen(s). We noticed similar patterns of numerous recalls for undeclared allergens in previous years as well."Here is a sampling of the reasons why allergen labeling errors occurred.
"This proposed rule, if finalized, would revoke the standard of identity for French dressing. This action, in part, responds to a citizen petition submitted by the Association for Dressings and Sauces (ADS) (petition). We tentatively conclude that the standard of identity for French dressing no longer promotes honesty and fair dealing in the interest of consumers and revoking the standard could provide greater flexibility in the product’s manufacture, consistent with comparable, nonstandardized foods available in the marketplace.
"The petition states that there has been a proliferation of nonstandardized pourable dressings for salads with respect to flavors (Italian, Ranch, cheese, fruit, peppercorn, varied vinegars, and other flavoring concepts) and composition (including a wide range of reduced fat, “light,” and fat-free dressings) (petition at page 3). The French dressing standard of identity, according to the petition, no longer serves as a benchmark for other dressings because of the wide variation in composition to meet consumer interests (id.). Instead, the petition claims that the standard of identity has become marginalized and restricts innovation (id.). Therefore, the petition states that the French dressing standard of identity no longer promotes honesty and fair dealing in the interest of consumers (id.).
One key factor in the standard is the required level of oil. With the demand for lower fat varieties, this standard limits that.
When the standard of identity was established in 1950, French dressing was one of three types of dressings we identified (15 FR 5227). We generally characterized the dressings as containing a fat ingredient, an acidifying ingredient, and seasoning ingredients. The French dressing standard allowed for certain flexibility in manufacturers’ choice of oil, acidifying ingredients, and seasoning ingredients. Tomatoes or tomato-derived ingredients were among the seasoning ingredients permitted, but not required. Amendments to the standard since 1950 have permitted the use of additional ingredients, such as any safe and suitable color additives that impart the color traditionally expected (39 FR 39543 at 39554-39555).
Most, if not all, products currently sold under the name “French dressing” contain tomatoes or tomato-derived ingredients and have a characteristic red or reddish-orange color. They also tend to have a sweet taste. Consumers appear to expect these characteristics when purchasing products represented as French dressing. Thus, it appears that, since the establishment of the standard of identity, French dressing has become a narrower category of products than prescribed by the standard. These products maintain the above characteristics without a standard of identity specifically requiring them.
Additionally, French dressing products are manufactured and sold in lower-fat varieties that contain less than the minimum amount of vegetable oil (35% by weight) required by 21 CFR 169.115(a). We are unaware of any evidence that consumers are deceived or misled by the reduction in vegetable oil when these varieties are sold under names including terms such as “fat free” or “low-fat.” By contrast, these varieties appear to accommodate consumer preferences and dietary restrictions. Therefore, after considering the petition and related information, we tentatively conclude that the standard of identity for French dressing no longer promotes honesty and fair dealing in the interest of consumers consistent with section 401 of the FD&C Act. "Should we care? This is such a non-specific standard to begin with, brand specific variations may not make much difference to the consumer. But FDA is "interested in any information, including data and studies, on consumer expectations regarding French dressing and whether the specifications in § 169.115 are necessary to ensure that French dressing meets these expectations."
On November 6, 2020, the Michigan Department of Agriculture and Rural Development (MDARD) reported that as a part of routine sampling, they collected a product sample of romaine lettuce for testing. The sample tested positive for E. coli O157:H7 and subsequent whole genome sequencing (WGS) analysis determined that the E. coli O157:H7 present in the samples matches the strain that has caused illnesses in this outbreak.Then the Notice states this:
At this time, there is not enough epidemiologic and traceback evidence to determine if ill people in this outbreak were exposed to romaine lettuce from Tanimura & Antle, Inc. Additional information will be provided as it becomes available.