FTC Cracks Down on Non-disclousre by Influencers on Social Media Discussing Nutrition Claims

Influencers, appearing on popular social media sites such as Instagram and TikTok. have become a important source of information for too many Americans (unfortunately).  FTC is beginning to crack down on paid endorsements where disclosures are not made, in this case, where industry associations paid for endorsements by influencers where disclosure of that payment was not made known by those influencers.

“It’s irresponsible for any trade group to hire influencers to tout its members’ products and fail to ensure that the influencers come clean about that relationship,” said Samuel Levine, Director of the FTC’s Bureau of Consumer Protection. “That’s certainly true for health and safety claims about sugar and aspartame, especially when made by registered dieticians and others upon whom people rely for advice about what to eat and drink.”

https://www.ftc.gov/news-events/news/press-releases/2023/11/ftc-warns-two-trade-associations-dozen-influencers-about-social-media-posts-promoting-consumption
FTC Warns Two Trade Associations and a Dozen Influencers About Social Media Posts Promoting Consumption of Aspartame or Sugar
Letters say influencers failed to adequately disclose that they were paid by industry
November 15, 2023

CDC Report on Salmonella Outbreak Associated with Cantaloupes

CDC is reporting on illness associated with contaminated cantaloupes that as of "November 17, 43 people infected with the outbreak strain of Salmonella have been reported from 15 states . Illnesses started on dates ranging from October 17, 2023, to November 6, 2023 (see timeline). Of 30 people with information available, 17 have been hospitalized. No deaths have been reported."

Posted November 17, 2023
Fast Facts
Illnesses: 43
Hospitalizations: 17
Deaths: 0
States: 15
Recall: Yes
Investigation status: Active

Recalls have issued on product.

VT Ice Cream Company Recalls All Products After State Lab Finds Listeria Positive Sample

Wilcox Ice Cream of East Arlington, VT is recalling all flavors of Wilcox brand ice cream, yogurt, and ice cream bars, as well as Leonardo’s brand gelato after being notified by the Vermont Department of Agriculture on 11/14/23 that one lot of the Super Premium Mint Chip manufactured that day may be contaminated with Listeria monocytogenes.  The company stated in the report, "We were notified by the Vermont Department of Agriculture, who was notified by the New Hampshire Department of Health on 11/14/23 that a routine sample collected by that agency of our Super Premium Mint Chocolate Chip manufactured on 9/15/23 tested positive for Listeria monocytogenes. As part of our investigation, we determined that preliminary testing showed that the ice cream mix purchased to make our products may contain Listeria monocytogenes."

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/wilcox-ice-cream-recalls-multiple-ice-cream-products-because-possible-health-risk
Wilcox Ice Cream Recalls Multiple Ice Cream Products Because of Possible Health Risk
Summary
Company Announcement Date:  November 18, 2023
FDA Publish Date:  November 18, 2023
Product Type:  Food & Beverages
Reason for Announcement:  Potential to be contaminated with Listeria monocytogenes
Company Name:  Wilcox Ice Cream
Brand Name:  Multiple brands
Product Description:  Ice Cream, Yogurt, Ice Cream Bars and Gelato in a Variety of Flavors

Stone Fruit Recalled After Linked to Listeria Outbreak with 11 cases

The HMC Group Marketing, Inc., based in Kinsburg, CA, which does business as HMC Farms, is voluntarily recalling peaches, plums and nectarines sold in retail stores between May 1 and November 15, 2022 and between May 1 and November 15, 2023. The fruit is being recalled because it has the potential to be contaminated with Listeria monocytogenes.  The recalled peaches have been linked to an outbreak of Listeriosis that has resulted in eleven illnesses.  There has been one reported death.

The age range  is from 30 to 80 years    Median age of 69    73% are 65 years or older

The source of Listeria in these cases is likely to be the facility in which the product is packed.  Product in these packages will often be washed and dried prior to filling in the bag.  These washing / drying systems are areas where investigators will likely focus sampling.



https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/hmc-farms-voluntarily-recalls-whole-peaches-plums-and-nectarines-sold-retail-stores-2022-and-2023
HMC Farms Voluntarily Recalls Whole Peaches, Plums and Nectarines Sold at Retail Stores in 2022 and 2023 Because of Possible Health Risk
Summary
Company Announcement Date:  November 17, 2023
FDA Publish Date:  November 17, 2023
Product Type:  Food & Beverages  Fruit/Fruit Product
Reason for Announcement:  Potential to be contaminated with Listeria monocytogenes
Company Name:  The HMC Group Marketing, Inc.
Brand Name:  Multiple brands
Product Description:  Whole Peaches, Plums, and Nectarines

MA Seafood Company Recalls Salmon Burgers for Undeclared Sesame and Milk

Raw SeaFoods, Inc. of Fall River, MA is recalling Farm Raised Lightly Seasoned Atlantic Salmon Burgers due to undeclared sesame and milk allergens.   The recalled product was sold in the seafood department of Whole Foods Market stores nationwide from August 25, 2023 through November 15, 2023.  The problem was discovered after a vendor reported visible sesame seeds present on the product. An investigation is currently under way to discover the cause. No illnesses have been reported to date.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/raw-seafoods-inc-issues-allergy-alert-undeclared-sesame-and-milk-farm-raised-lightly-seasoned
Raw SeaFoods, Inc. Issues Allergy Alert for Undeclared Sesame and Milk in Farm Raised Lightly Seasoned Atlantic Salmon Burgers
Summary
Company Announcement Date:  November 16, 2023
FDA Publish Date:  November 16, 2023
Product Type:  Food & Beverages
Reason for Announcement:  Undeclared Sesame and Milk
Company Name:  Raw SeaFoods, Inc.
Brand Name:  Raw SeaFoods
Product Description:  Farm Raised Lightly Seasoned Atlantic Salmon Burgers

TX Pet Food Manufacturer Expands Recall to All Products Due to Salmonella

TFP Nutrition is expanding their voluntary recall that was initiated to include all dry dog, dry cat, and catfish formulas manufactured in their Nacogdoches, Texas, facility. The recall of these production codes is being conducted due to the potential for Salmonella contamination.  The recall, initially posted on October 30, 2023 and then expanded on November 13, 2023.

As indicated earlier, expansions of these recalls can occur when it is determined that the facility could not demonstrate that they had control of the pathogen over time.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/tfp-nutrition-expands-voluntary-recall-dry-dog-dry-cat-and-catfish-food-due-potential-salmonella
TFP Nutrition Expands Voluntary Recall of Dry Dog, Dry Cat, and Catfish Food Due to Potential Salmonella Health Risk. Recall Includes Dry Dog, Dry Cat, and Catfish Foods Manufactured in Nacogdoches, TX Facility
Summary
Company Announcement Date:  November 16, 2023
FDA Publish Date:  November 16, 2023
Product Type:  Animal & Veterinary  Food & Beverages  Pet Food
Reason for Announcement:   Potential Salmonella contamination
Company Name:  TFP Nutrition
Brand Name:  Multiple brands
Product Description:  Dry Dog, Dry Cat, and Catfish Food

Additional Recalls Issued After AZ Company's Recall for Cantaloupe Due to Salmonella

 SOFIA PRODUCE, LLC, of Nogales, Arizona which does business under the name “Trufresh” (“Trufresh”) has expanded its recall of all sizes of fresh cantaloupes packaged in cardboard containers labeled with the “Malichita” label, to include the following additional sales order numbers distributed between October 16, 2023 and October 23, 2023 because they have the potential to be contaminated with Salmonella

Vinyard Fruit and Vegetable Company, located in Oklahoma City, OK, has initiated a voluntary recall of all fresh-cut cantaloupe products due to the potential for contamination with Salmonella.  This comes in response to the 11/8/2023 recall of fresh, whole cantaloupes by Sophia Foods, LLC (DBA Trufresh) of Nogales, AZ, which was triggered by testing conducted by the Canadian Food Inspection Agency which found the potential contamination with Salmonella, Vinyard Fruit and Vegetable Company is issuing this recall. Cantaloupes recalled by Sophia Foods LLC were used as a raw material in Vinyard cantaloupe products listed below.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/sofia-produce-llc-dba-trufresh-expands-recall-include-additional-order-numbers-fresh-cantaloupe
Sofia Produce, LLC dba Trufresh Expands Recall to Include Additional Order Numbers of Fresh Cantaloupe Because of Possible Health Risk Due to Salmonella
Summary
Company Announcement Date:  November 15, 2023
FDA Publish Date:  November 16, 2023
Product Type:  Food & Beverages  
Reason for Announcement:  Potential Salmonella contamination
Company Name:  Sofia Produce, LLC dba Trufresh
Brand Name: Malichita
Product Description: Fresh Cantaloupe

FDA Investigation into Lead Contamination in Apple Cinnamon Product, Cinnamon Identified as Probably Source

The FDA investigation into the lead contamination in the apple cinnamon fruit pouches continues. The product, manufactured in Ecuador, has resulted in lead poisoning in 34 reported individuals, primarily children. The company initially issued a recall on October 30, 2023, and then expanded the recall on November 13, 2023 to include additional brands of product.

To this point in time, FDA has not found lead in non-cinnamon product, which leads them to believe that the cinnamon is the source of the lead.  The FDA has not been able to test the specific cinnamon used in the product.

The importer is responsible for the safety of product brought into the United States.  As part of FSMA, companies must have FSVP (Foreign Supplier Verification Programs) in place for each imported food item.  As part of that program, importers must conduct a hazard analysis and then develop and implement verification activities for any significant hazard identified.  Foreign manufacturers must be in compliance with Preventive Controls for Human Foods regulations.  As part of that, they must conduct a hazard analysis for their operation and utilize programs that ensure GMP standards are met.

Total Adverse Events: 34*
Report Date Ranges: October 17, 2023 – November 15, 2023
States with Adverse Illness Events: AL (1), AR (1), CA (1), CT (1), FL (1), IL (1), LA (3), MD (2), MI (1), MO (1), NC (5), NE (1), NH (1), NM (1), NY (4), OH (1), PA (1), SC (2), TN (1), TX (1), VA (1), WA (1), Unknown (1)
Product Distribution: Nationwide

https://www.fda.gov/food/outbreaks-foodborne-illness/investigation-elevated-lead-levels-cinnamon-applesauce-pouches-november-2023
Investigation of Elevated Lead Levels: Cinnamon Applesauce Pouches (November 2023)
Do not eat, sell, or serve multiple brands of recalled apple cinnamon fruit pouches. FDA’s investigation is ongoing.

Current Update
November 16, 2023

FDA, along with CDC and state and local partners, is investigating reports of elevated blood lead levels in individuals with reported exposure to Apple Cinnamon Fruit Puree pouches manufactured in Ecuador and sold under WanaBana, Weis, and Schnucks brands.

MD Firm Recalls Cooked Chicken Dish for Mislabeling and Allergen Due to Sesame Oil

JX Restaurant, Inc., a Maryland Heights, Mo. establishment, is recalling approximately 621 pounds of fully-cooked chicken product (General Tso's Chicken) due to misbranding and undeclared allergens, the product contains sesame oil, a known allergen, which is not declared on the product label.  The problem was discovered by FSIS inspection personnel during a verification task where they discovered that sesame oil was not included on the label.

Now we know that if oils are highly refined, like soybean oil, then allergenic proteins will be absent and then soybean, in this case, does not have to be declared.  However, this is not the case with sesame oil according to FARE - Food Allergy Research and Education.

On their website, they state "*Studies show that most people with specific food protein allergies can safely eat highly refined oils made from those foods (examples include highly refined peanut and soybean oil). However, sesame oil is not highly refined and should be avoided by people who are allergic to sesame."

https://www.fsis.usda.gov/recalls-alerts/jx-restaurant-inc--recalls-chicken-products-due-misbranding-and-undeclared-allergens
JX Restaurant, Inc. Recalls Chicken Products Due to Misbranding and Undeclared Allergens
FSIS Announcement

Nov. 11, 2023, Editor’s Note: Details of this recall release were updated to reflect the change in the name of the recalling firm to their corporate name, JX Restaurants, Inc.