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Publisher's Platform: Food Safety Naughty List

My same Food Safety Elves helped weigh in on the Naughty List.  Honestly, during the joyous season, I tend to think more nice thoughts, but these on the Naughty List were hard to ignore.

Publisher's Platform: Food Safety Naughty List
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ByHeart for the botulism outbreak and the terrible response to a crisis - "Aggressive" Denial of Evidence: Consumer advocates, including the Center for Science in the Public Interest, criticized ByHeart for downplaying initial findings. After the California Department of Public Health found C. botulinum in an opened can, ByHeart claimed the result lacked "scientific basis," a stance experts called an "unusual" and "bizarre" attempt at damage control. Delayed Recall Scope: Critics argued ByHeart was "in denial" and reacted too slowly. The company initially recalled only two batches on Nov. 8, despite evidence of a broader issue; it only expanded the recall to all products on Nov. 11 after pressure from the FDA. History of Safety Lapses: Investigations revealed ByHeart had been flagged for safety violations long before the outbreak. FDA inspections in 2023 and 2024 documented mold, water leaks, and thousands of dead insects in food production areas. Inadequate Refund Policy: Early in the recall, ByHeart limited refunds to just two units, causing significant backlash from parents who had purchased months of formula via subscriptions. The company later expanded this policy under public pressure. 

 USDA's Food Safety and Inspection Service – for rolling back the Salmonella framework, indefinitely delaying testing on raw stuffed breaded Chicken – Critics, including the Center for Science in the Public Interest (CSPI) and Consumer Reports, argue that rolling back the effort exposes grocery shoppers to dangerous bacteria, potentially leading to hundreds of thousands of illnesses, hospitalizations, and deaths annually. Inadequate Current System: Food safety experts contend that the existing regulatory system is inadequate because Salmonella infections have been rising, and the current standards allow for high rates of contamination in poultry products that reach the market. Lack of Accountability: The framework would have been the first time in more than two decades that poultry corporations faced real penalties for Salmonella contamination by classifying certain levels of contamination as adulterated, which could have led to recalls. The rollback removes this accountability. Shifting Responsibility to Consumers: Opponents of the rollback argue it is unfair to place the primary responsibility for food safety on consumers through proper handling and cooking instructions, rather than ensuring a safer product leaves the processing plant. Ignoring a Major Health Problem: Salmonella is the leading cause of foodborne illness in the U.S., causing an estimated 1.35 million infections and 420 deaths each year, with poultry being a primary source. Critics say the withdrawal ignores this significant public health issue.

 FDA, CDC and State Health Departments - Failure of Public Health to Disclose outbreaks. Failure to Disclose Confirmed Sources: Cases have been highlighted where the CDC and FDA identified a specific food source through traceback investigations but failed to inform the public. For instance, agencies were criticized for not announcing a late 2024 E. coli outbreak linked to romaine lettuce that sickened 89 people across 15 states, even though the investigation was confirmed by internal data. Silence on Ongoing Outbreaks: In early 2025, while the FDA had reported on multi-state outbreaks (such as Salmonella in mini pastries), the CDC remained "silent" and failed to publish the reports or recalls on its own platforms, departing from decades of standard practice. "Sweeping Outbreaks Under the Rug:" The decision to withhold outbreak information is "hiding" data, that such behavior is "radical" and detrimental to food safety. Also, health officials often do not tell actual victims or their families what specific product caused their illness or death. Right to Market Accountability: Transparency allows consumers to differentiate between companies with strong and weak food safety records. Without this knowledge, consumers cannot use their purchasing power to reward safe manufacturers or avoid those that have "poisoned" them. 

 Delay on Food Traceability Rule – Food safety advocates and consumer groups, such as Consumer Reports and the Center for Science in the Public Interest, criticized the delay, arguing it leaves the public at risk following a surge in foodborne illness outbreaks in 2024. 

Bill Marler

Bill Marler

Accomplished personal injury lawyer, Food Safety News founder and publisher, and internationally recognized food safety expert. Bill's advocacy work has led to testimony before Congress and his blog reaches 1M+ readers annually.

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