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Recalls: It doesn’t matter who’s to blame if no one’s protected

Recalls: It doesn’t matter who’s to blame if no one’s protected

-- OPINION --

By Roger Hancock, CEO of Recall InfoLink 

The recent ByHeart infant formula recall is an example of what happens when recall management breaks down at multiple levels. The widespread, multistate recall was initiated after botulism was detected in the brand’s organic infant formula, which research indicates originated from organic whole milk powder received from a supplier. But the recall didn’t go smoothly, leading to significant public health risks — along with finger pointing and blame. 

How did the systems fail? First of all, retailers continued to offer contaminated infant formula, even after ByHeart issued the recall. According to the FDA, during spot checks of retail locations, food safety officials found more than 175 retailers across 36 states that were continuing to sell recalled ByHeart formula long after the initial recall announcement. When questioned about why they were still offering the recalled product, retailers said they weren’t aware of the recall, they continued receiving recalled product, or they were confused about which specific lots were affected. 

Compounding the problem, ByHeart’s formula contamination may have begun years before the recall was issued, leading to an expanded recall scope, plus questions about the effectiveness of the nation’s food inspection and regulatory systems.

What are companies doing to protect people? There’s no question about it: the ByHeart recall had failures at every level — ingredient supplier, manufacturer, distributor and retailer — which created real risk for families. Consumers were right to be outraged. Many mistakes were made, including late communication, unclear messaging, indecisive action, and failure to act effectively. 

Unsurprisingly, consumers wanted to know who was to blame. Fault is rarely a straightforward question, and determining liability can be even more complicated. And, ultimately, who is liable shouldn’t be the question driving systemic change. While it’s certainly important to hold companies accountable for recalls, focusing solely on liability can overshadow the glaring issues of how the incident was handled. 

Companies, regulators and the entire food industry must prioritize fixing the problems around recall management. Instead of only asking who’s liable for a recall, the more urgent questions are: what are companies doing to identify and close gaps necessary to protect people right now, and how can we improve the systems, processes, and protocols to prevent botched recalls from happening in the future?

A call for change 
In response to the mismanaged ByHeart recall, the FDA called on food industry officials nationwide to improve compliance to better protect consumers from recalled products. Additionally, the Safe Food Coalition — comprised of national food safety advocacy groups — sent an impassioned letter to the FDA, CDC, and Department of Health and Human Services, imploring them to implement reforms to strengthen food safety inspections and regulations, plus improve the speed of recalls. 

Despite the fact that gaps in the recall process are well-known and long-standing, the ByHeart crisis demonstrates that the urgent need for change hasn’t translated into significant progress. When recalls are mismanaged, they can increase public health risks, as well as costs, disruption, liability and damage to companies’ reputations. It’s past time for recalls to be managed well at every point in a supply chain — not only to avoid liability, but to minimize costs, disruption, damage, and most importantly, public health consequences. 

Readiness — not finger pointing — helps keep people safe
No single company can fully protect consumers without the cooperation of their supply chain partners. It comes down to this: responsibility is always shared, regardless of who’s at fault. Recalls are not primarily legal events — they’re about protecting public health. 

Proper execution is what matters most in a recall. Every company across the supply chain has an obligation to act swiftly, communicate clearly, and verify that affected products are removed from every point in the supply chain. If every company does its part, they help reduce risks and protect public health. They also help avoid blame and liability — for themselves and their trading partners.

So, if you’re a shopper frustrated by how recalls are handled — you’re not wrong. You’re paying attention. Continue to put pressure on brands to improve their recall protocols. Food companies shouldn’t wait until the recall spotlight is on them to do the right thing. Readiness—not finger pointing—is what keeps people safe.  

About the author: Roger Hancock, CEO of Recall InfoLink, is a foremost experts on recalls, with experience that spans the retail, tech, data, regulatory, and supply chain. Hancock is also a steering committee member of the Alliance for Recall Ready Communities.

 

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