Foodservice Chain Fights Against Bogus Claims After DNA Testing Unable to Identify Tuna

A lawsuit was filed against Subway for not using tuna in its Tuna sandwiches.  This claim is based upon DNA testing of the sandwich meat to determine if it was tuna, and this testing was not able to detect tuna DNA.  The news media piles on Subway with the damaging claim.

Guess what?  It's canned tuna, where the tuna undergoes a pressure canning process that utilizes high temperatures for long periods of time....a process that would make it difficult if not impossible to recover identifiable DNA.  

In the NY Post article below "In an amended complaint from June, the plaintiffs toned down their allegations, saying that Subway claims to sell sustainably caught skipjack and yellowfin tuna, but was in fact selling “anything less than healthy stocks.”  So, okay it is tuna, but it is not good tuna?  So now we are moving to the 'pink slime' mode?

https://nypost.com/2021/06/23/lab-tests-reportedly-find-no-identifiable-tuna-dna-in-subway-sandwich/
Lab tests reportedly find no identifiable tuna DNA in Subway sandwich — again
By Will FeuerJune 23, 2021 | 10:05am | Updated
Something is fishy about Subway’s “tuna” sandwich.

Commercial lab tests again found no identifiable tuna DNA in the sandwich that purports to contain the fish.

The New York Times bought Subway tuna sandwiches from three different locations in Los Angeles, and then sent frozen samples to an unidentified commercial food testing lab after two California women filed a class-action lawsuit against the company in January alleging that Subway’s tuna sandwiches aren’t actually made of the fish.

FDA Testing Finds No Risk from PFAS in Food Samples

FDA provided an update on testing for PFAS in foods.  They sampled 94 items and only one product, cod, had a detectable level, and this level did not represent a human health concern.

So what are PFAS.  Applicable selections from the EPA website:

• "Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that includes PFOA, PFOS, GenX, and many other chemicals. PFAS have been manufactured and used in a variety of industries around the globe, including in the United States since the 1940s. PFOA and PFOS have been the most extensively produced and studied of these chemicals. Both chemicals are very persistent in the environment and in the human body – meaning they don’t break down and they can accumulate over time. There is evidence that exposure to PFAS can lead to adverse human health effects."
• "Although PFOA and PFOS are no longer manufactured in the United States, they are still produced internationally and can be imported into the United States in consumer goods such as carpet, leather and apparel, textiles, paper and packaging, coatings, rubber and plastics."
• "People can be exposed to low levels of PFAS through food, which can become contaminated through:
• Contaminated soil and water used to grow the food,
• Food packaging containing PFAS, and
• Equipment that used PFAS during food processing."
• "People can also be exposed to PFAS chemicals if they are released during normal use, biodegradation, or disposal of consumer products that contain PFAS. People may be exposed to PFAS used in commercially-treated products to make them stain- and water-repellent or nonstick. These goods include carpets, leather and apparel, textiles, paper and packaging materials, and non-stick cookware."
• "Studies indicate that PFOA and PFOS can cause reproductive and developmental, liver and kidney, and immunological effects in laboratory animals. Both chemicals have caused tumors in animal studies. The most consistent findings from human epidemiology studies are increased cholesterol levels among exposed populations, with more limited findings related to: infant birth weights, effects on the immune system, cancer (for PFOA), and thyroid hormone disruption (for PFOS)."
• "GenX is a trade name for a technology that is used to make high performance fluoropolymers (e.g., some nonstick coatings) without the use of perfluorooctanoic acid (PFOA). HFPO dimer acid and its ammonium salt are the major chemicals associated with the GenX technology. GenX chemicals have been found in surface water, groundwater, finished drinking water, rainwater, and air emissions in some areas.  As part of EPA’s draft toxicity assessment, EPA has developed draft oral reference doses (RfDs) for GenX chemicals."

FDA Issues Update on Recent Activities Pertaining to PFAS in Food | FDA
FDA Issues Update on Recent Activities Pertaining to PFAS in Food
Constituent Update
June 30, 2021

Dark Chocolate Almond Butter Cups Recalled Due to Potential Peanut Allergen

Bazzini LLC, Allentown, PA is recalling three lot codes (SELL BY date codes of APR 05 2022, APR 06 2022, and APR 07 2022) of 1.4 ounce Trader Joe's Dark Chocolate Almond Butter Cups because it may contain peanut protein.  While the label states that the product "May contain traces of ... peanut," following reports of allergic reactions, all potentially affected product was removed from sale.


https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/bazzini-llc-voluntarily-recalls-trader-joes-dark-chocolate-almond-butter-cup-2-pak
Bazzini LLC Voluntarily Recalls Trader Joe’s Dark Chocolate Almond Butter Cup 2-Pak
Summary
Company Announcement Date:  June 23, 2021
FDA Publish Date:  June 28, 2021
Product Type:  Food & Beverages
Reason for Announcement:  Undeclared peanut protein
Company Name: Bazzini LLC
Brand Name:  Trader Joe’s
Product Description:  Dark Chocolate Almond Butter Cups

Cooked Shrimp Linked to Salmonella Illnesses

The FDA, CDC and state agencies are investigating a multistate outbreak of Salmonella Weltevreden infections linked to the consumption of frozen cooked shrimp manufactured by Avanti Frozen Foods of India.  "A positive import sample combined with epidemiological and traceback evidence indicate that this outbreak is linked to frozen cooked shrimp manufactured by Avanti Frozen Foods. FDA’s traceback investigation identified a common shipment of shrimp that could have been consumed by ill people."  There have been 6 illnesses with 2 resulting in hospitalization.

Basically, one shipment was found positive for a specific Salmonella strain.  That shipment was destroyed.   A few months later, the specific Salmonella strain was involved in cases of Salmonella.  It was found that these people had eaten shrimp from a common shipment from the same company.  The company has conducted a recall for product.

"On January 26, 2021, an import sample of Avanti Frozen Foods shrimp was collected as a routine part of the FDA’s Imported Seafood Compliance Program. Analysis of the sample showed the presence of Salmonella Weltevreden. At the time, there were no known associated illnesses or closely related isolates of this strain. In March 2021, as a result of the positive test, this shipment was refused admission into the U.S. and was destroyed, and the importing firm was added to Import Alert 16-81, which allows the FDA to detain product without physical examination due to the presence of Salmonella."

In April 2021, three clinical isolates collected from ill people were reported to be closely related to the isolates collected from the import sample. As of June 25, 2021, there are now 6 clinical isolates from ill people that are genetic matches to the Salmonella collected from the import sample. Five of the six ill people were interviewed to determine the foods they ate before becoming sick, and all five ill people report eating shrimp. Based on purchase locations and purchase dates available for four ill people, FDA’s traceback investigation identified a common shipment of shrimp that could have been consumed by ill people. The product from this shipment was all sold thawed at retail. This thawed product is past expiration and no longer available for sale.

[TIP - Buy fresh frozen (not thawed) and cook it yourself, unless you can buy fresh, just caught]

https://www.fda.gov/food/outbreaks-foodborne-illness/outbreak-investigation-salmonella-weltevreden-shrimp-april-2021
Outbreak Investigation of Salmonella Weltevreden: Shrimp (April 2021)

Case Counts
Total Illnesses: 6
Hospitalizations: 2
Deaths: 0
Last Illness Onset: April 25, 2021
States with Cases: AZ (2), NV (4)
Product Distribution: Nationwide

The FDA, along with CDC and state and local partners, is investigating a multistate outbreak of Salmonella Weltevreden infections linked to the consumption of frozen cooked shrimp manufactured by Avanti Frozen Foods of India.

Three Texas Importers Issued Warning Letters for Not Having FSVP for Imported Food Items

FDA issue Warning Letters to the following food importers for issues involving FSVP - Foreign Supplier Verification Program. The FSVP regulation requires that importers perform certain risk-based activities to verify that human and/or animal food they import into the United States has been produced in a manner that meets applicable U.S. food safety standards.

• Jaramillo Spices Corp of McAllen, TX.id not have FSVPs for these products or any of the food products you import.   https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/jaramillo-spices-corp-614760-06082021
• Mr Lukas LLC of McAllen, TX did not develop FSVPs as required for the imported foods.   https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/mr-lukas-llc-613441-04092021
• Tuty Usa LLC of Conroe, Texas did not have FSVPs for these products or for any other products you import.     https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/tuty-usa-llc-614625-06092021

Fresh Packed Blueberries Recalled Due to Potential Cyclospora

Dole Diversified North America, Inc. is recalling a limited number of cases of Dole™ Fresh Blueberries packaged in a variety of clamshell sizes for potential Cyclospora contamination.
This voluntary recall is due to possible Cyclospora contamination on Dole™ Fresh Blueberries. Dole Diversified North America, Inc. is coordinating closely with regulatory officials. No illnesses have been reported to date in association with the recall.  The impacted products were distributed in four US states (IL, ME, NY, and WI), and two Canadian provinces (Alberta and British Columbia).

With no reported illnesses, one could guess that this was triggered by testing.

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/dole-diversified-north-america-inc-announces-limited-recall-doletm-fresh-blueberries-potential
Dole Diversified North America, Inc. Announces Limited Recall of Dole™ Fresh Blueberries for Potential Cyclospora Contamination
Summary
Company Announcement Date:  June 24, 2021
FDA Publish Date:  June 25, 2021
Product Type:  Food & Beverages
Reason for Announcement:  Cyclospora contamination
Company Name:  Dole Diversified North America, Inc.
Brand Name:  Dole™
Product Description:  Fresh Blueberries

VA Company Recalls Egg-like Product for Containing Egg

Cuisine Solutions, Sterling, VA is initiating a voluntary recall of its JUST Egg flavored plant-based “bites” products due to undeclared allergens. A limited number of 2-pouch retail packages may contain an incorrect sealed pouch containing whole-egg and milk products. 

 

The egg recall occurred when a packaging error was made where product containing actual egg was put into the box.

  

From the company website, we can see this is a supplier related issue "We use third-party facilities to manufacture our products, so we cannot guarantee that our allergen-free products are made on designated allergen-free lines or in allergen-free facilities. For example, JUST Egg is egg-free but is made in a facility where egg is present. In order to lower the risk of incidental contact with allergens from other products manufactured in the same facility, we require that our third-party manufacturers employ rigorous sanitation, inspection, and good manufacturing practices."  

The label JUST Egg, but it is egg flavored and does not contain egg (not sure why it is not called NO Egg).  So what does the properly labeled product contain?

Ingredients

Water, Mung Bean Protein Isolate, Expeller-Pressed Canola Oil, Contains less than 2% of Dehydrated Onion, Gellan Gum, Natural Carrot Extractives (color), Natural Flavors, Natural Turmeric Extractives (color), Potassium Citrate, Salt, Soy Lecithin, Sugar, Tapioca Syrup, Tetrasodium Pyrophosphate, Transglutaminase, Nisin (preservative). (Contains soy.)

https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/cuisine-solutions-issues-voluntary-recall-flavored-plant-based-bites

Cuisine Solutions Issues Voluntary Recall of Flavored Plant-Based Bites
Summary
Company Announcement Date:  June 19, 2021
FDA Publish Date:  June 20, 2021
Product Type:  Food & Beverages
Reason for Announcement:  Undeclared milk and egg
Company Name:  Cuisine Solutions
Brand Name:  Just Egg
Product Description:  Egg flavored plant-based “bites”
Company Announcement

CA Company Recalls Milk Powders Due to Infant-related Labeling Issue

DESIGNED BY NATURE of California is recalling Goat’s Milk Powder, Cow’s Milk Powder and Base Milk Powder formulas beacuse the labels to not make it clear that these products are not intended to be used as infant formula.

The label state Developed for all life stages, and thier website states, "Designed by Nature offers only 100% nutritious, clean, simple and wholesome formulas. Our formulas are made from real food whole ingredients that are nutritionally complete and easy to digest."

However, "The Federal Food, Drug, and Cosmetic Act (FFDCA) defines infant formula as "a food which purports to be or is represented for special dietary use solely as a food for infants by reason of its simulation of human milk or its suitability as a complete or partial substitute for human milk" (FFDCA 201(z)). FDA regulations define infants as persons not more than 12 months old.  All infant formulas sold in the United States must meet the requirements of the Infant Formula Act (section 412 of the Food, Drug, and Cosmetic Act).  Designed by Nature formulas are not intended or approved for infants."


https://www.fda.gov/safety/recalls-market-withdrawals-safety-alerts/designed-nature-voluntarily-recalls-goats-milk-cows-milk-and-base-milk-formulas-due-possible-health
Designed By Nature Voluntarily Recalls Goat’s Milk, Cow’s Milk and Base Milk Formulas Due to Possible Health Risk
Summary
Company Announcement Date: June 14, 2021
FDA Publish Date:  June 14, 2021
Product Type:  Food & Beverages Milk/Milk Product  

Reason for Announcement:  Products are not intended to be used as infant formula
Company Name:  Designed by Nature
 Brand Name:  Designed by Nature
Product Description:  Goat Milk, Cow Milk, and Base Mix Formulas

FDA Warning Letter - Allergen Recalls Initiates Inspection of Oregon Facility

FDA issued a Warning Letter to Market of Choice, LLC  after inspecting their food manufacturing facility located in Eugene, Oregon.  The inspection was initiated as a result of a Class I recall of one of the company's products because of undeclared tree nut (almond) allergen on the product label printed and applied at the retail stores. 

Allergens

• The company did not appropriately identify undeclared allergens as a hazard requiring a preventive control in allergen-containing products.  Although the facility receives, stores, and uses allergens such as tree nuts, peanuts, milk, eggs, soy, and wheat in production, the hazard analysis indicated that the allergen hazard was not significant due to low likelihood.   [This is a common error that FDA finds...facilities think that the prerequisite programs are sufficient, but FDA is finding that this is not the case].
• The company submitted  a “New Product Label Verification Checklist” , however, this procedure for new product development does not appear to address the root cause of the recall – failure to make electronic allergen labeling revisions after reformulations that add or change the allergens in a product. In addition, the procedure does not include monitoring, corrective action, or verification procedures to ensure control of the undeclared allergen hazard.

 Other items - Of course, if FDA is there, they will conduct a broader inspection.

• The company did not appropriately identify contamination with environmental pathogens, such as Listeria monocytogenes and Salmonella for the RTE fresh salads which are exposed to the environment prior to packaging and do not receive a lethal treatment or otherwise include a control measure that would significantly minimize these environmental pathogens
• The company did not take appropriate Corrective Action  after obtaining "six Salmonella positive swab results in rooms adjacent to the main production room where ready-to-eat products are exposed to the environment prior to packaging.  The company had not established and implemented written corrective action procedures that must be taken to address the presence of an environmental pathogens.

https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/market-choice-llc-613557-06012021
WARNING LETTER

Market of Choice, LLC
MARCS-CMS 613557 — JUNE 01, 2021
Recipient:
Richard L. Wright Jr.
President
Market of Choice, LLC
2862 Willamette Street, Suite B
Eugene, OR 97405
United States