This story by Dan Flynn first appeared in Food Safety News on October 24, 2022, and is reposted here with permission.
A fast-moving, but somewhat secretive federal prosecution has extracted guilty pleas for three misdemeanors from the quality assurance director for a food manufacturer working for the Kellogg Company.
Ravi Kumar Chermala, 47, pleaded guilty on Oct. 21 to three misdemeanor counts of Introducing adulterated food into Interstate Commerce. It was part of a plea deal that is among a half dozen documents in the case that are sealed, and therefore not available for public viewing. The federal Magistrate for the Central District of Illinois, Jonathan P. Hawley, has scheduled sentencing for Jan. 30. 2023.
The charges stem from the multistate outbreak of Salmonella Mbandaka infections from Kellogg’s Honey Smacks cereal, which sickened 135 people in 35 states in 2018. The infections required hospitalizations for 34 patients. The Kellogg Company recalled Honey Smacks cereal on June 14, 2018.
According to federal prosecutors, Chermala was quality assurance director for various Kerry manufacturing plants, including a facility in Gridley, IL, that manufactured Kellogg’s Honey Smacks breakfast cereal for Kerry’s customer, the Kellogg Company.
At the time of the recall, the Kellogg Company said it “had launched an investigation with the third-party manufacturer who produces Honey Smacks,” naming Kerry’s possible role.
In pleading guilty to the three misdemeanors, Chermala admitted that between June 2016 and June 2018, he directed subordinates to not report certain information to Kellogg’s about conditions at the Gridley facility.
In addition, Chermala admitted that he directed subordinates at the Gridley facility to alter the plant’s program for monitoring the presence of pathogens in the plant, limiting the facility’s ability to accurately detect unsanitary conditions.
“Food safety professionals cannot conceal potentially dangerous problems from customers or government regulators,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The department will continue to work with its law enforcement partners to hold accountable those who engage in such conduct.”
Special Agent in Charge Lynda M. Burdelik of the FDA Office of Criminal Investigations in the Chicago field office said this prosecution “reinforces that if an individual violates food safety rules or conceals relevant information, we will seek to hold them accountable. The health of American consumers and the safety of our food are too important to be thwarted by the criminal acts of any individual or company.”
Salmonellosis can cause symptoms such as diarrhea, fever, and abdominal cramps that last several days in healthy adults. Absent prompt treatment, salmonellosis can cause severe dehydration and even death in infants, young children, the elderly, transplant recipients, pregnant women, and individuals with weakened immune systems.
Further information about the case will be posted to the department’s Information for Victims in Large Cases website at https://www.justice.gov/largecases.
Trial Attorney Cody Matthew Herche and Senior Trial Attorney James T. Nelson of the Department of Justice, Civil Division’s Consumer Protection Branch are prosecuting the case.
The misdemeanor counts in the case were filed with the court on Aug. 23, 2022. Defense attorneys Jesse Mentz and Michael Kim Krouse are both from the multinational law firm of Arnold & Porter Kaye Scholer.
At the time of the Honey Smack recall, Kerry was subject to an FDA inspection that went to upper management. The resulting warning letter said in part:
“The United States Food & Drug Administration (FDA) inspected your Kerry Inc. facility, located at 320 West Gridley Road, Gridley, IL 61744-8723, from June 14 to 29, 2018. The inspection was initiated as (redacted) in three environmental swabs taken from your (redacted) cereal (“cereal”) production rooms during FDA’s inspection. Further, the FDA’s Whole Genome Sequencing (WGS) analysis of the three isolates of (redacted).
“During our inspection of your facility, FDA investigators found serious violations of the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food regulation (CGMP & PC rule), Title 21, Code of Federal Regulations, Part 117 (21 CFR Part 117).
“Based on FDA’s inspectional findings and the analytical results for the environmental samples collected during the inspection, we determined that the cereal manufactured in your facility is adulterated within the meaning of section 402(a)(4) of the Federal Food, Drug, and Cosmetic Act (the Act) (21 U.S.C. § 342(a)(4) in that it was prepared, packed or held under insanitary conditions whereby it may have been rendered injurious to health. In addition, failure of the owner, operator, or agent in charge of a covered facility to comply with the preventive controls provisions of the CGMP & PC rule (located in subparts A, C, D, E, F, and G of part 117) is prohibited by section 301(uu) of the Act (21 U.S.C. § 331(uu)).”
FDA’s inspection resulted in the issuance of an FDA Form-483 (FDA-483), Inspectional Observations, listing deviations found during the inspection. It went to Kerry’s CEO in Beloit, WI.
Court documents are silent as to whether or not others are responsible for the outbreak. With six of 11 items docketed in the case being sealed, it is difficult to reach a complete picture.
Here is today’s list of food safety recalls, product withdrawals, allergy alerts and miscellaneous compliance issues. The live links will take you directly to the official recall notices and company news releases that contain detailed information for each recall and alert.
If you would like to receive automatic email alerts for all new articles posted on eFoodAlert, please submit your request using the sidebar link.
Interested in learning more about food safety and the history of foodborne disease outbreaks and investigations? Click on the TAINTED menu at the top of the page to read or listen to a short excerpt, then follow the buy links to add a digital, print or audio copy to your personal library.
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OUTBREAK INVESTIGATION:CDC reports a pair of Salmonella outbreaks lnked to exposure to pet bearded dragons. Twenty-three cases have been reported from fifteen states as of October 12, 2022. Ten of the victims are children less than one year old. Eight of the outbreak victims have been hospitalized.
Allergy Alert: Da Cheng Vegetarian Food Inc. recalls Vegan Golden Nuggets (1 lb. and 6.6 lb. plastic packages; Expiration dates between 9/22/2023 and 01/11/2024) due to undeclared egg.
Food Safety Recall:Valley Milk Simply Bottled recalls Valley Milk Simply Bottled Raw Goat Milk and DESI MILK Raw Goat Milk (half-gallon (64 oz) plastic jugs; Code dates OCT 21 2022 through OCT 31 2022) due to Campylobacter jejuni contamination.
Canada
Food Safety Recall: Le Relais d’Olivier Marché d’alimentation (Sainte-Madeleine-de-la-Rivière-Madeleine, QC) recalls MORUE FUMÉE / Smoked cod (variable weights; Sold up to 24 October 2022) due to lack of proper expiration date labeling.
Europe
OUTBREAK INVESTIGATION UPDATE (Sweden): Public Health Agency continues to track an outbreak of Salmonella Typhimurium infections that has sickened 84 people so far. Cases have been reported from 20 of the country’s 21 regions. The outbreak is thought to be caused by fresh food with a limited shelf life, but a specific source has not been identified as yet.
Allergy Alert (Belgium): Aldi recalls Belgian Quality brand CHIPOLATA porc/veau / Pork and veal chipolata sausages (500g; Lots 22012891 & 22012991; Use by dates 26/10/2022 & 27/10/2022, respectively) due to undeclared wheat, celery and mustard.
Allergy Alert (Belgium): Aldi recalls Belgian Quality brand Hamburger de porc / Pork meat hamburgers (440g; Lot 22012926; Use by 27/10/2022) due to undeclared wheat, celery and mustard.
Allergy Alert (France):ALIMENTATION GROS IMPORT DIFFUS RHONE-A EPICERIE recalls GUIMAUVE OURSON CHOCOLAT NOIR / Marshmallow bears enrobed in dark chocolate (Best before dates between 04/12/2022 and 17/12/2022) due to undeclared nuts.
Allergy Alert (Luxembourg): Aldi recalls Belgian QualitybrandHamburger de porc / Pork meat hamburgers (440g; Lot 22012926; Use by 27/10/2022)) and Belgian Quality brand CHIPOLATA porc/veau / Pork and veal chipolata sausages (500g; Lots 22012891 & 22012991; Use by dates 26/10/2022 & 27/10/2022, respectively) due to undeclared wheat, celery and mustard.
Allergy Alert (Spain): Manufacturer recalls PRODUCTS WHITE brand ARTISAN ALMOND PASTE (400g; Batch 22123; Expiry 06/30/23) due to undeclared milk.
Food Safety Recall (France):CHARCUTERIE COSME recalls CHARCUTERIE COSME brand ROTI DE PORC FACON ORLOFF / Orloff-style pork roast (Lot 224210; Use by 27/10/2022) due to Salmonella contamination.
Food Safety Recall (France):DISTRISUD recalls DISTRISUD brand Saint nectaire fermier 1/6 / Farm-style cheese, 1/6 wheel (280g; All Use by dates between 28/10/2022 and 01/11/2022) due to Listeria monocytogenes contamination.
Food Safety Recall (France):LIDL recalls L’Etal du volailler brand Poulet cuit fumé / Cooked smoked chicken (1.25 kg; Lots 5412190087 & 5412190135; Use by 09/11/2022) due to Listeria monocytogenes contamination.
Food Safety Recall (France):ALDI recalls Corrilbrand Poulet cuit fumé / Cooked smoked chicken (Lot 5412190071; Use by 07/11/2022) due to Listeria monocytogenes contamination.
Food Safety Recall (France):CASINO recalls LEADER PRICE brandPoulet cuit fumé / Cooked smoked chicken (±1.5 kg; Lot 5412190095; Use by 07/11/2022) due to Listeria monocytogenes contamination.
Food Safety Recall (France):CHEVENET SARL recalls Chevrier des Crays brand Faisselle de Chèvre au lait cru / Cheese made from raw goat milk (4 x 100g; Lot 255; Best before 11/10/2022) due to E. coli O103:H2 contamination.
Food Safety Recall (Luxembourg): Mondelez recalls LU brand Granola chocolat au lait / Milk chocolate granola (200g & 2x200g; Lots OCE0123911, OCE0123912, OCE0123913, OCE0123921, OCE0123922, OCE0123923, OCE0123931, OCE0123932; Best before 30/06/2023) and LU brand Granola chocolat noir / Dark chocolate granola (195g; Lots OCE0123872, OCE0123873, OCE0123911; Best before 31/05/2023) due to foreign matter contamination (fine metal particles).
Food Safety Recall (Norway): Q-Dairies recalls Q-milk 0.5% fat (1 L; Dairy #1503; Best before 07.11.22; Time stamp 02:42 – 06:49) due to excessive vitamin D.
Food Safety Recall (Spain): Manufacturer recalls Albe Bocconcini brand Fresh Mozzarella (250g net weight, 150g drained weight; Batch 2910; Expiration 10/29/2022) due to presence of staphylococcal enterotoxin.
Asia, Africa and the Pacific Islands
Allergy Alert (Israel): Shakdia/Din Marketing and Kalia 2021 Ltd. recalls Sesame with marble chocolate coating (1 kg; All expiration dates up to and including 10/23) due to undeclared milk.
Here is today’s list of food safety recalls, product withdrawals, allergy alerts and miscellaneous compliance issues. The live links will take you directly to the official recall notices and company news releases that contain detailed information for each recall and alert.
If you would like to receive automatic email alerts for all new articles posted on eFoodAlert, please submit your request using the sidebar link.
Interested in learning more about food safety and the history of foodborne disease outbreaks and investigations? Click on the TAINTED menu at the top of the page to read or listen to a short excerpt, then follow the buy links to add a digital, print or audio copy to your personal library.
TAINTED is now available FREE to Kindle Unlimited subscribers
Listen to an excerpt of the new audiobook edition right here
OUTBREAK INVESTIGATION:CDC and FDA are investigating a three-state outbreak of Salmonella Litchfield that has sickened at least 33 people. Thirteen of the outbreak victims have been hospitalized. The outbreak is linked to consumption of raw salmon used to prepare sushi, sashimi, and poke in restaurants, mainly in Arizona and California.
Allergy Alert: Da Cheng Vegetarian Food Inc. recalls Vegan Drumsticks (6.6 pound, clear plastic package; Expiry date 09/23/2023) due to undeclared egg.
Food Safety Recall:Bob Evans Farms Foods, Inc. recalls Bob Evans Italian Sausage (1-lb chubs; Lot XEN3663466; USE/FRZ BY 11/26/22, time stamp between 14:43 and 15:25) due to foreign matter contamination (thin blue rubber).
Canada
OUTBREAK INVESTIGATION:Alberta Health Services is investigating an outbreak of Shigella in the Edmonton area. The outbreak has affected 87 people since mid-August, with 63 of them requiring hospitalization. Most of the victims are part of the “inner city” population. No specific source of the infections has been established.
Allergy Alert: Traiteurs Chictay Lakay (Laval, QC) recalls Chictay Lakay Morue / Cod and Chictay Lakay Hareng / Herring (variable weights; Sold up to 21 October 2022) due to undeclared sesame and wheat (gluten).
Food Safety Recall: Unreal Brands, Inc. recalls Unreal brand dark chocolate coconut minis (435g; Best before 23AU04, 23AU05, 23AU31, 23SE01, 23SE02, 23SE09, 23SE16, 23SE19, 23SE20, 23SE21, 23SE22, 23SE23, 23SE26, 23SE27, 23SE28, 23SE29, 23SE30, 23OC03; UPC 8 57484 00688 8) due to Salmonella contamination. The recalled product was sold in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia, and Newfoundland and Labrador.
Europe
OUTBREAK INVESTIGATION (SWEDEN): The Public Health Authority is investigating an outbreak of 61 confirmed cases of Cryptosporidium parvum since September 25, 2022. An additional 98 possible cases are also under investigation. Although the source of the infection has not yet been identified, it is suspected to be a food that is distributed widely in Sweden.
Allergy Alert (Austria): Frozen Power GmbH & Co. KG recalls FRO ZEN Power Creamy Coco, Crispy Hazel, Salted Caramel, Dreamy Choc and Yogurt Amarena varieties (150g pack and 50g single bar pack; All Best before dates from May 1st, 2024) due to undeclared egg.
Allergy Alert (Belgium): Albert Heijn recalls Verkade brand Oaties Naturel plain oatmeal cookies (Best before 28-07-2023) due to undeclared milk and soy.
Allergy Alert (Denmark): Coronet Cake Company ApS recalls Finnish bread labeled as BRØD COOPERATIVET BRUNKAGER (150g; Best before 08.05.2023) due to undeclared egg.
Allergy Alert (France):SILVE INTERMARCHE recalls CHABRIOR brand pains au chocolat / Chocolate buns (pkg of 10, 450g; Lots L22359851(HH:MM) 286, L22359851(HH:MM) 287; Best before 10/11/2022) due to undeclared soy.
Allergy Alert (France):SAS FRIAL MONOPRIX recalls MONOPRIX brand POULET ET RIZ BASMATI SAUCE COCO CURRY SURGELES / Frozen chicken and basmati rice with coconut curry sauce (300g; Lot 22115; Best before 01/10/2023) due to undeclared nuts.
Allergy Alert (France):LA VIE CLAIRE recalls LA VIE CLAIRE brand Tartines craquantes “Craquines” sarrasin / Crunchy buckwheat toast (150g; Lot 22A213L7; Best before 31/08/2023) due to undeclared gluten.
Allergy Alert (France):JEFF DE BRUGES DIFFUSION recalls Jeff de Bruges brand Choco’Mauves oursons assortis / Assorted chocolate-coated marshmallows (Best before dates between 24/02/2023 and 31/10/2023) due to undeclared hazelnuts and almonds.
Allergy Alert (France):JEFF DE BRUGES DIFFUSION recalls Jeff de Brugesbrand Cube XXL Ours Guimauve / Marshmallow bear (Best before dates between 24/02/2023 and 31/08/2023) due to undeclared hazelnuts and almonds.
Allergy Alert (France):MONOPRIX recalls MONOPRIX brand LE WRAP Poulet Basilic / Chicken basil wrap (Use by 23/10/2022) due to undeclared sesame and mustard.
Allergy Alert (France):MONOPRIX recalls MONOPRIXbrand WRAP HOUMOUS PATATE DOUCE / Hummus and sweet potato wrap (Use by 23/10/2022) due to undeclared milk and egg.
Allergy Alert (Germany): Frozen Power GmbH & Co. KG recalls FRO ZEN Power Creamy Coco, Crispy Hazel, Salted Caramel, Dreamy Choc and Yogurt Amarena varieties (150g pack and 50g single bar pack; All Best before dates from May 1st, 2024) due to undeclared egg.
Allergy Alert (Germany): P & B (Foods) Limited recalls Heera Rewdi (300g; Lot 1G1090222; Best before August 2024) due to undeclared sesame.
Allergy Alert (Luxembourg):MONOPRIX recalls MONOPRIXbrand WRAP HOUMOUS PATATE DOUCE / Hummus and sweet potato wrap (Use by 23/10/2022) due to undeclared milk and egg.
Allergy Alert (Netherlands): Damhert BV recalls Mix Choco pepernoten glutenvrij / Chocolate peppernuts, gluten-free (150g; Expiration date 01-04-2023) due to undeclared lactose.
Allergy Alert (Netherlands): Koninklijke Verkade NV recalls Verkade Oaties Naturel / Plain oatmeal cookies (Lot #2210; Expiration date 07/28/2023) due to undeclared milk and soy.
Allergy Alert (Norway): P&B (Foods) Limited recalls Heera Rewdi (300g & 700g; Best before May 2023 and August 2023) due to undeclared sesame.
Allergy Alert (UK – Northern Ireland only): Crunchy Bakery recalls Bulka Tarta breadcrumbs (500g; All best before dates up to 31 December 2022) due to undeclared soy.
Food Safety Recall (Belgium): FRANPRIX recalls FRANPRIX brandGalettes de riz complet BIO / Organic brown rice cakes (100g; Lot H22144J; Best before 25/05/2023) due to presence of mycotoxins.
Food Safety Recall (France):MONDELEZ FRANCE SAS Mondelez International recalls LU – Granola brand Granola Chocolat au lait / Milk chocolate granola biscuit (2 x 200g; Lots OCE0123911, OCE0123912, OCE0123913, OCE0123921, OCE0123922, OCE0123923, OCE0123931, OCE0123932) and Granola Chocolat Noir / Dark chocolate granola (195g; Lots OCE0123872, OCE0123873, OCE0123911) due to foreign matter contamination (fine metal particles)
Food Safety Recall (France):SOCIETE PUR ALIMENT recalls Lima brand Galettes de riz fines salées rectangulaires / Thin, square salted rice cakes (130g; Lot R22182B; Best before 02/07/2023) due to possible aflatoxin contamination.
Food Safety Recall France):ACHATS MARCHANDISES CASINO Monoprixrecalls Monoprix BIO brand Galettes de riz complet / Brown rice cakes (100g; Best before 02/06/2023) due to possible mycotoxin contamination.
Food Safety Recall (France): COMPAGNIE INDEPENDANTE DES EPICES recalls Les Bonnes Epices de Mr Maurice brand Gingembre Moulu / Ground ginger (45g; Lot TA0311; Best before 30/04/2024) due to Salmonella and Bacillus cereus contamination.
Food Safety Recall (France): COOPERATIVE U recalls Le Chevrier des Crays brand Faisselle de chèvre au lait cru / Goat cheese made with raw milk (4 x 100g; Lot 255; Use by 11/10/2022) due to E. coli O103:H2 contamination.
Food Safety Recall (France):Thierry Schweitzer recalls Thierry Schweitzer brand ALLUMETTES FUMEES SANS NITRITE BIO / Organic smoked shredded pork, nitrite-free (200g & 1 kg; Lot22284-131; Use by 10/12/2022) due to Salmonella contamination.
Food Safety Recall (France):CORA recalls FILET DE HARENG A L ANCIENNE / Old-fashioned herring fillet (Sold between 12/10/2022 and 14/10/2022) due to Listeria monocytogenes contamination.
Food Safety Recall (France): ACHATS MARCHANDISES CASINO recalls Franprix brand Galettes de riz complet / Brown rice cakes (100g; Lot H22144J; Best before 25/05/2023) due to possible mycotoxin contamination.
Food Safety Recall (France):GAEC DE LA FERME D’ARBOUSES recalls Pâté de poulet aux herbes des Cévennes, Pâté de Poulet aux piments, Pâté de Pintade aux trompettes de la mort / Chicken pâté with Cévennes herbs, Chicken pâté with peppers, Guinea fowl pâté with trumpets of death (200g; Lot 151024; Best before 15/10/2024) due to possible Clostridium botulinum contamination.
Food Safety Recall (France): SILVE INTERMARCHE, NETTOrecalls Producteurs et Commerçants brand Pâté en croûte Pistaché, Pâté en croûte Canard Pistaché, Pâté en croûte Richelieu / Pâtés in pastry shells, pistachio, pistachio-duck and Richelieu varieties (Multiple lot codes and Use by dates) due to possible Listeria monocytogenes contamination. Please refer to the recall notice for a complete list of affected products.
Food Safety Recall (France): CORA recalls Pain Sportif (aux fruits secs) tranché / Sliced sports bread with dried fruit (350g; Use by dates between 08/10/2022 and 20/10/2022) due to foreign matter contamination (pieces of hard clear plastic).
Food Safety Recall (Germany): Büsra Durmus menisam Feinkost recalls Can Oliven in Rapsöl / Canned olives in rapeseed oil (Sold loose from October 11th, 2022 to October 19th, 2022) due to Listeria monocytogenes contamination.
Food Safety Recall (Germany): Continental Bakeries Deutschland GmbH recalls REWE Bio Reiswaffeln Zartbitter / Organic brown rice cakes (100g; Best before 18.06.2023, 21.06.2023, 22.06.2023) due to mycotoxin contamination.
Food Safety Recall (Italy): Continental Bakeries – Granco SA recalls Carrefour Bio brand Gallette di riso giganti / Giant rice cakes (200g; Lots R22159A and R22160A; Best before 09-10/06/2023) due to mycotoxin contamination.
Food Safety Recall (Luxembourg): Auchan recalls Lima brandGalettes de riz 100% / 100% rice cakes (130g; Best before 02/07/2023) due to aflatoxin contamination.
Food Safety Recall (Sweden): ICA recalls ICA Gravad Lax / Gravlax, sliced (150g; Batch code 61490299581; Best before 2022-10-20, 2022-10-24, 2022-10-26, 2022-10-28, 2022-10-31) and ICA Najadlax, sliced (150g; Batch code 61524299089; Best before 2022-10-20, 2022-10-21, 2022-10-25, 2022-10-26, 2022-10-27, 2022-10-28, 2022 -10/31, 2022-11-01, 2022-11-02, 2022-11-03, 2022-11-04, 2022-11-07) due to Listeria contamination.
Food Safety Recall (UK): Iceland recalls Iceland Ready Cooked Diced Chicken Breast (800g; Best before 17 June 2023) because some of the packages may contain uncooked chicken.
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