Over the last week both the CDC and FDA, along with various State Departments of Health and Agriculture, have been investigating two Listeria outbreaks linked to the consumption of various leafy greens.  Using Whole Genome Sequencing (WGS), product testing and clinical (human) sampling, health authorities have both determined that the source of the infection is

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