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Marler Blog Providing Commentary on Food Poisoning Outbreaks & Litigation

Kellogg’s, Being Responsible, Recalls Salmonella Peanut Butter Products – It is Time for the FDA to Recall All Products that ” present a risk of illness.”

Kellogg is recalling 16 products including crackers and other products in light of the problems in Georgia. The recall includes Austin and Keebler branded Peanut Butter Sandwich Crackers, as well as some snack-size packs of Famous Amos Peanut Butter Cookies and Keebler Soft Batch Homestyle Peanut Butter Cookies.

The FDA, and the states of Minnesota, Georgia and Connecticut, confirmed Salmonella contamination in peanut butter manufactured at the Peanut Corporation of America (PCA) facility that ships peanut products to 85 other food companies, including Kellogg.

So, why no recall of these other products? Don’t you think it makes sense to recall all products that may have PCA product that may well have been produced during the time likely to be contributing to the illness and deaths?

FDA, it is time to step up. You have the authority to recall – use it.

TITLE 21–FOOD AND DRUGS
CHAPTER I–FOOD AND DRUG ADMINISTRATION
DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER A–GENERAL

PART 7 — ENFORCEMENT POLICY

Subpart C–Recalls (Including Product Corrections)–Guidance on Policy, Procedures, and Industry Responsibilities

Sec. 7.45 Food and Drug Administration-requested recall.

(a) The Commissioner of food and Drugs or designee may request a firm to initiate a recall when the following determinations have been made:

(1) That a product that has been distributed presents a risk of illness or injury or gross consumer deception.

(2) That the firm has not initiated a recall of the product.

(3) That an agency action is necessary to protect the public health and welfare.