In a move that has many watchdog groups excited, the Food and Drug Administration (FDA) released its draft guidance on mandatory food recall enforcement this month. The document outlines the authority and process the FDA employs whenever it believes a commercial product poses a serious health risk to the public.
Prior to 2011, the FDA was not able to enforce a mandatory recall, but with provisions added to the Food Safety Modernization Act (FSMA), the agency is now able to take the necessary action. As reported by Food Safety News, the seven-page draft guidance illustrates how the FDA reacts in the event of a mandatory food recall and how the law makes this possible. Releasing the document to the public gives critics a chance to provide feedback, which the FDA will be able to address in a final draft.
According to the outline, when it comes to tainted or mislabeled products, the FDA would need to first establish and prove the need for a mandatory recall. Once this has taken place, the agency would be required to give the company in question an opportunity to activate a voluntary recall on their end and halt any further manufacturing of said product. Should the company fail to comply, the FDA now has the ability to force the producer to cut all distribution and take part in a hearing, which could ultimately result in a mandatory recall from the general market.
For more information on the guidance draft the FDA has it posted on their website.
Additionally, if you or a loved one has been injured or sickened by tainted food products, contact the Demas Law Group, P.C., to discuss your legal options against the at-fault party. You may be able to recover significant compensation for the physical, emotional, and financial damages you and your family have suffered.
