Monday, October 10, 2016

Limited Amount of Lunchables Recalled Due to Allergen Mislabeling

Kraft Heinz is recalling a limited amount of Lunchables product due to a mismatched label that resulted in allergens not being declared.  According to the release  "Lunchables Ham and American Cracker Stackers” products were incorrectly labeled with the back label for a “Nacho Lunchable” product. The back label contains the product ingredient statements and as such, the “Lunchables Ham and American Cracker Stackers” products that were mislabeled do not declare wheat and soy on the label.

FSIS Recall Notice
http://www.fsis.usda.gov/wps/portal/fsis/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2016/recall-093-2016-release
Kraft Heinz Recalls Ready-To-Eat Lunchables Ham and American Cracker Stackers Product Due to Misbranding and Undeclared Allergens
Class I Recall 093-2016
Health Risk: High Oct 9, 2016

Drumstick Sundae Cones Recalled Due to Positive LM Product Contact Surface

Nestle is recalling its ice cream treat, Drumstick cones, from Best before June 2, 2017 to June 19, 2017 after testing found the food contact surface positive for Listeria monocytogenes.  No product had tested positive.  No illnesses have been reported.

In the notice, it states "The products impacted by the voluntary recall were put into distribution inadvertently."  This may suggest that the product was on a test-and-hold and was released prior to the finalized test results.   Even though the positive was found on a surface that is classified as product contact, there is a risk that the product may have been contaminated as well, at least one has to consider it.


FDA Recall Notice
http://www.fda.gov/Safety/Recalls/ucm524634.htm
NestlĂ© USA Initiates Voluntary Recall Of NestlĂ©® Drumstick® Club 16 Count Variety and 24 Count Vanilla Pack Due to Possible Health Risk
For Immediate Release
October 7, 2016

Thursday, October 6, 2016

Vermont Drops Enforcement of GMO Labeling

As part of an agreement, Vermont announced that it would not enforce its law requiring the mandatory labeling of GMO foods. Put best by Pamela G. Bailey, president of GMA, the group who fought the law, “.......the Vermont law opens the door to states creating mandatory labeling requirements based on pseudo-science and web-fed hysteria......If this law is allowed to go into effect, it will disrupt food supply chains, confuse consumers and lead to higher food costs.”

Agricultural Law Weekly Review—September 8, 2016
http://www.pennstateaglaw.com/2016/09/agricultural-law-weekly-reviewseptember_8.html
GMO Labeling: GMA and Vermont Agree to Voluntarily Dismiss Litigation
Written by M. Sean High – Staff Attorney

On September 1, 2016, the United States District Court for the District of Vermont signed an order of voluntary dismissal in the state GMO labeling case Grocery Manufacturers Association v. Sorrell (Case No. 5:14-cv-117-cr, Document 161). According to the order, the parties agreed to voluntarily dismiss the action without prejudice because: (1) on July 29, 2016, President Obama signed into law S.764 which established a “National Bioengineered Food Disclosure Standard;” (2) on August 1, 2016, USDA stated that S.764 preempted states from requiring the labeling of any genetically engineered food or seed in interstate commerce; and (3) on August 2, 2016, Vermont’s Attorney General (Sorrell) announced that the state would no longer enforce Vermont Act 120 which required the labeling of food produced with genetic engineering.

Webinar, 'Play FDA for a Day', Drives Paranoia to a New Level

The webinar, "Play FDA for a Day: Criminalization of foodborne illness and what you can do to protect your company", is presented by a lawyer and a testing company and directs companies to do testing for outbreak-related pathogens before the FDA does.  And if FDA finds an outbreak-related pathogen in your food facility, you are as good as going to jail.  And for these outbreak-related pathogens, there is 1 million unsolved outbreaks in the FDA database just waiting to get solved.  So get a lawyer and get the test kits ASAP.  Because FDA 'investigators' are going to be busting down your door and swabbing the heck out of your facility.

A little paranoia is good, but this presentation is over the top.   There is no doubt that companies need to keep their facilities in order, including ensuring the environment is under control,  doing environmental monitoring with effective corrective action especially when there is risk (product exposed to the environment).  But to date, there have been very few cases where the Department of Justice has gotten involved in outbreak investigations.  The investigations cited were ones where pathogens were found in food and linked to outbreaks through epidemiological investigation.  Subpoenas were issued when wrongdoing was suspected.  

Testing and advice for free or just the hook?  What is an over-the-top lawyer going to tell you when you have an organism in your drain?

(Don't have the time or the will to watch the video, you can read the white paper.)

Tuesday, October 4, 2016

RTE Bacon Recalled After Testing Finds Listeria

A Utah establishment is recalling ready-to-eat bacon "during the company’s routine internal third party testing when a product sample collected tested positive for Listeria monocytogenes (Lm). There have been no confirmed reports of illness or adverse reactions due to consumption of these products."
 
USDA News Release
http://www.fsis.usda.gov/wps/wcm/connect/FSIS-Content/internet/main/topics/recalls-and-public-health-alerts/recall-case-archive/archive/2016/recall-092-2016-release
Daily's Premium Meats, LLC Recalls Bacon Products Due to Possible Listeria Adulteration

Researchers Find Low Income Individuals Willing to Forgo Produce

In a study published in Nutrition Today, researchers investigated opinions of  low-income individuals about organic versus conventional fruits and vegetables and found that their choices are impacted by the amount of messaging they are receiving, such as EWG's Dirty Dozen.  These people felt that organic was better, but because of the cost, were more willing to forgo fruits and vegetables because of cost even though there were lower cost conventionally grown produce.

This is a topic that has been addressed from a health standpoint,  where organic was found to be no more nutritious than conventional, and more importantly from a safety standpoint, whether biological contaminates or those that can lead to cancer.  USDA testing has continually shown that pesticide levels in produce are within established limits.

The issue is that many are missing the health benefits of having produce in their diet for the sake of avoiding some infinitesimal risk.

Nutrition Today
http://journals.lww.com/nutritiontodayonline/Fulltext/2016/09000/Low_Income_Shoppers_and_Fruit_and_Vegetables__What.6.aspx
Low-Income Shoppers and Fruit and Vegetables: What Do They Think?
Huang, Yancui MS; Edirisinghe, Indika PhD; Burton-Freeman, Britt M. PhD, MS
Abstract

Eggs from Small Producer Recalled After Link to Salmonella Infections

Good Earth Egg company is issuing a recall of shell eggs after they were linked to a Salmonella outbreak.  In this outbreak, 8 individuals have become infected with Salmonella Oranienburg 
 
 Good Earth had also issued a recall in January of this year, again for Salmonella.   A warning letter issued by FDA in February indicates that the company did not have a Salmonella control program in place and faced sanitary issues including rodent control.
 
If Salmonella is not controlled within the flocks and the facility, the eggs will have Salmonella. It would be fine if eggs were handled and cooked by the consumers, but consumer don't.  Eggs are often served undercooked such as sunny side up.  They are not handled in a way that protects against cross contamination.  As studies have shown, eggs from small producers are more likely to have Salmonella present.
 
 
CDC Outbreak
Multistate Outbreak of Salmonella Oranienburg Infections Linked to Shell Eggs
Posted October 3, 2016 5:45 PM ET
  
At A Glance
Deaths: 0
Hospitalizations: 2
Recall: No
Highlights