On October 6, 2021, the FDA reported that it was investigating a 20 person Listeria outbreak linked to an unknown food product.

Interestingly, or perhaps coincidentally, the FDA and Fullei Fresh published the following recall announcement on October 6, 2021:

The purpose of this announcement is to advise you that Fullei Fresh is voluntarily recalling

So, why not use the authority granted under the FSMA and use the FDA’s mandatory recall authority?

According to the FDA (Food and Drug Administration), before FSMA (Food Safety Modernization Act)was enacted, the FDA relied on responsible parties to voluntarily recall violative food products (except infant formula recalls which are described under section 412 of

Tyson Foods Inc., a Dexter, Mo. establishment, is recalling approximately 8,492,832 pounds of ready-to-eat (RTE) chicken products that may be adulterated with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) announced today.

The frozen, fully cooked chicken products were produced between December 26, 2020 and April 13, 2021. The

Over 1,000 sickened with over 200 dead from Listeria tainted polony.  I have the honor to be working with counsel in South Africa – See Listeria Class Action.

Following the declaration of the Listeria outbreak in December 2017, a multi-sectoral outbreak response was initiated. Findings were shared by the Minister of Health, Dr. Aaron

Epidemiologic and laboratory data show that queso fresco cheeses made by El Abuelito Cheese Inc. are contaminated with Listeria and have made people sick.

Since the last update on February 19, three more illnesses have been reported. As of February 23, a total of 10 people infected with the outbreak strain of Listeria monocytogenes have

Late Friday, the CDC, public health and regulatory officials in several states, and the U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) reported that they are investigating a multistate outbreak of Listeria monocytogenes infections.

As of October 22, 2020, a total of 10 people infected with the outbreak strain of Listeria monocytogenes have

Outbreak appears to have begun in 2016.

As of March 9, 2020, 36 people infected with the outbreak strain of Listeria monocytogenes have been reported from 17 states. Arizona 2, California 9, Florida 2, Hawaii 3, Indiana 1, Kentucky 1, Maryland 2, Massachusetts 2, Michigan 1, Missouri 1, Nevada 1, New Jersey 1, New York

Almark Foods  and the FDA need to explain why positive product tests and illnesses in 2017 did not stop positive product tests and illnesses in 2019.

As of December 17, 2019, a total of seven people infected with the outbreak strain of Listeria monocytogenes have been reported from five states – Texas, Florida, South Carolina,