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When there is reason to believe that a food item is causing consumers to become ill, or when there is a possibility of foodborne illness or allergic reaction from ingestion of a food item, then that item may be recalled, or taken off the market. All food recalls are voluntary. Either a food manufacturer or distributor may determine that an item should be recalled, or agencies of the federal government may request that a manufacturer or distributor institute a recall
Examples of reasons why food may be recalled include the discovery of traces of a potential allergen, such as nuts, in a product whose label does not specify that, or the presumed existence of a foodborne pathogen in a product, the ingestion of which may make consumers sick. In some cases, the recalled item presents a very serious health hazard to the population. |
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If you or a family member has suffered from food poisoning,
and you have a question about your legal rights,you can request a free case evaluation from our firm by clicking on Free Case Evaluation. |
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The United States Department of Agriculture (USDA) is responsible for the safety of meat, poultry, and egg products. The USDA provides information on food recalls through the Food Safety and Inspection Service (FSIS). The U.S. Food and Drug Administration (FDA) has authority over food and pet and farm animal feed. For a combined listing of FDA and FSIS recalls, please visit http://www.recall.gov/food.html.
For a complete list of recent food recalls under FDA jurisdiction, visit the FDA webpage entitled “Recalls, Market Withdrawals and Safety Alerts located at: http://www.fda.gov/opacom/7alerts.html.
Recent recall information is also available through the U.S. Department of Agriculture’s Food Safety and Inspection Service, at http://www.fsis.usda.gov/Fsis%5FRecalls/.
Recall archives can be accessed through these webpages, as well. |
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| The recall of a defective or possibly harmful product by the FDA is often highly publicized in newspapers and in radio and television news broadcasts. The FDA has jurisdiction over food, drugs, cosmetics, medical devices and other products and serves as a monitor for product recalls. In most cases, the manufacturer or distributor will voluntarily recall a product. In others cases, the FDA will notify a company that one of its products is defective and will suggest or request a recall. Usually, the company will comply; if it does not, the FDA can seek a court order authorizing the federal government to seize the product.
The FDA has guidelines for companies to follow when recalling defective products. The guidelines explain that the FDA expects these firms to take full responsibility for product recalls, including follow-up checks to assure that recalls are successful. Under these guidelines, companies are expected to notify the FDA when recalls have started, make progress reports to the FDA on recalls, and undertake recalls when asked to do so by the FDA.
The guidelines specify that manufacturers and distributors must develop contingency plans for product recalls that can be put into effect when needed. The FDA's role under these guidelines is to monitor company recalls and assess the adequacy of the action taken. After a recall is completed, the FDA makes sure that the product is destroyed or suitably reconditioned and investigates why the product was defective. |
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| The guidelines classify all recalls into three levels of hazard: |
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| Class I recalls are for dangerous or defective products that could cause serious health problems or death. Examples of products that could fall into this category are a food found to contaminated by a bacterial pathogen, a label mix-up on a lifesaving drug, or a defective artificial heart valve.
Class II recalls are for products that might cause a temporary health problem or pose only a slight threat of a serious nature. One example is a drug that is under-strength, but that is not used to treat life-threatening situations.
Class III recalls are for products that are unlikely to cause any adverse health reaction, but that violate FDA regulations. An example might be bottles of aspirin that contain 90 tablets instead of the 100 stated on the label.
The FDA develops a strategy for each individual recall that determines how extensively it will monitor a company's performance in recalling the product in question. For a Class I recall, for example, the FDA checks to make sure that each defective product has been recalled or reconditioned. For a Class III recall, the FDA may decide that it only needs to spot check to make sure the product is off the market.
Even though the company recalling the product may issue a press release, the FDA seeks publicity about a recall only when it believes the public needs to be alerted to a serious hazard. For example, if a canned food product purchased by a consumer at a retail store is found by the FDA to contain botulinal toxin, an effort is made to retrieve all the cans in circulation, including those already in the hands of consumers. As part of this effort, the FDA could issue a public warning via the news media to alert as many consumers as possible to the potential hazard.
The FDA issues general information about all new recalls it is monitoring through a weekly publication (FDA Enforcement Report), which is available for purchase from the Government Printing Office, Washington, DC 20402; telephone: 202-783-3238. |
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If you or a family member has suffered from food poisoning, and you have a question about your legal rights, you can request a free case evaluation from our firm by clicking on free case evaluation. You may also contact us toll free at 1-877-934-6274. |
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The information contained on this page has been gathered from the websites of the Centers for Disease Control and Prevention, the Food and Drug Administration and other sources in the public domain. |
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According to the CDC, as of November 21, 2011, a total of 179 confirmed cases of salmonellosis have been linked to eating “kosher broiled chicken livers” contaminated with Salmonella Heidelberg.
Attorney Eric H. Weinberg is currently assisting victims of the 2011 US listeriosis outbreak. We are ready to help you. If you believe that you were injured in this outbreak, you can request a free legal case evaluation by selecting Listeria Lawsuit, or call us toll free at 1-877-934-6274.
While the CDC’s most recent Listeria outbreak update reported 55 confirmed cases of listeriosis and 8 deaths related to recalled Jensen Farms’ cantaloupes, reports in the media this evening indicate that these numbers have continued to climb. According to numerous sources, at least 72 people have been infected and 13 have died in connection with this deadly 18 state outbreak.
On September 14, 2011, the CDC announced that a total of 119 confirmed Salmonella Heidelberg outbreak cases linked to recalled Cargill ground turkey have been documented in 32 states. To date, Cargill has issued to separate recalls for its ground turkey products which may be contaminated with Salmonella.
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