FDA Failed to Protect Consumers Again. Here’s the Latest Proof

The following story by Mollie Morrissette first appeared on Pet Food Safety News and is reposted here with the author’s permission.

If you have any interest in the safety of food for animals, Pet Food Safety News is a “must follow” blog to add to your reading list. Mollie does her homework, and her posts are accurate and often insightful.


Chef’s Pure Pet Food tested positive for Listeria in November 2025. FDA’s warning letter, made public in August 2026, shows a company that couldn’t prove its safety claims held up, and product categories it never tests at all. There is still no recall.

Waves & Wine, Inc. manufactures raw and gently cooked pet food sold under the brand Chef’s Pure Pet Food, out of a facility in Mendota, California. FDA’s July 6, 2026 warning letter, made public August 18, documents that finished Cat Beef Sliders and Dog Beef Patties, manufactured in November 2025, tested positive for Listeria monocytogenes. There is no public recall for those products. There is no recall notice on the company’s own website.

Just weeks before this letter became public, FDA and the Department of Justice finally sued Darwin’s Natural Pet Products, after nearly a decade of documented Salmonella, Listeria, and E. coli findings and a four-year-old child left on dialysis. Noah Ruiz’s family dog, fed exclusively on Darwin’s food, began vomiting the day before Noah fell ill; FDA never tested for the connection itself, attorney Bill Marler did, and the genetic match was exact. Darwin’s founder Gary Tashjian refused FDA’s recall request for years, publicly insisting the food was safe. DOJ’s complaint documents 49 consumer complaints since 2016, nine reported animal deaths. Even now, DOJ isn’t seeking to shut Darwin’s down permanently, just a conditional path back into business once it cleans up, despite having the legal authority to seek an unconditional injunction.

At the exact same time FDA and DOJ were finally acting on Darwin’s, that same agency was sitting on this case. Chef’s Pure Pet Food’s Listeria-positive lots were made in November 2025, while Darwin’s was already under two separate FDA advisories for the same reason: no proof contaminated product had been kept off shelves. FDA got the identical non-answer from Waves & Wine months later. One company eventually got a lawsuit. The other got a warning letter, quietly posted six weeks after it was written, and nothing since. There’s no visible, consistent standard for which case gets escalated and which one sits. Marion Nestle has made the point for years: pet food is part of the same food supply that feeds the people living in the house. Contaminated pet food doesn’t stay in the bowl. Here’s what happened this time.

The company’s own hazard analysis correctly names Salmonella, Listeria, and Shiga toxin-producing E. coli as risks. That wasn’t the problem. When the Listeria-positive results came back, the company’s own explanation was: “This product is a RAW process pet food and carries inherent risks as it does not undergo a kill step.” Its fix, adjusting an ingredient amount, came with no documentation showing it worked. FDA states directly the company “did not adequately evaluate affected animal food for safety to ensure the animal food is safe prior to entering commerce.”

Two details make it worse. The company tried to justify its pathogen-control method using a study that tested a different process and protein entirely. And FDA found at least two product categories the company doesn’t microbially test at all. Supplier oversight was just as thin: one expired Letter of Guarantee, no onsite audits, despite Salmonella, H5N1, and nutrient toxicity all being hazards that legally require them.

Inspectors also documented employees handling raw protein without changing gloves, raw and cooked product stored together before patty formation, condensation dripping onto unpackaged finished food, and unsanitized equipment reassembled before production. As of the warning letter’s date, the company hadn’t even responded to FDA’s original inspection report.

Confirmed directly on Lucky Supermarkets’ own site: at least three Chef’s Pure Pet products are currently listed for sale. The company says it’s also sold at Save Mart, independent feed stores, and Food Max, up and down California from Chico to Bakersfield, and in Nevada. This is not a small operation. I found no evidence it’s sold through Chewy, Amazon, or PetSmart.

The company’s marketing states “Every batch is tested before it ships” and “No product leaves our facility without passing quality checks.” Testing did catch this Listeria positive, but FDA found entire product categories with zero testing, which is hard to square with either claim. Those claims may also carry separate legal exposure: the FD&C Act’s misbranding provisions extend to promotional material and websites, not just physical labels, a distinct legal problem from the adulteration violations already documented.

The company also markets its “USDA-certified facility” as a safety credential. It isn’t one. USDA’s own Food Safety and Inspection Service has stated directly that this certification is “offered for marketing purposes, and not for food safety.” Once meat becomes pet food, FDA has the safety authority, not USDA.

The company’s own instructions tell customers who don’t feed raw to cook beef patties to 145°F. USDA’s actual minimum for ground beef is 160°F; 145°F only applies to whole cuts like steaks, since grinding spreads surface bacteria throughout the meat. A company already found to have an unvalidated pathogen-control process is telling safety-conscious customers to stop 15 degrees short of safe.

  • What happened to the November 2025 Listeria-positive lots — were they shipped, and were retailers or consumers notified?
  • Why did six months pass between the January 2026 inspection and the July warning letter, and another six weeks before it was made public?
  • Which of the company’s products receive no microbial testing at all?
  • Is this product on shelves right now?

FDA issued this warning letter July 6, 2026. It didn’t make it public until August 18 — six weeks during which the product kept selling and nobody outside the agency and the company knew the letter existed. That’s not a bureaucratic delay. It’s the same pattern as Darwin’s, happening in real time, in the same weeks FDA was being praised for finally acting on that case.

I have long advised against feeding raw pet food to companion animals, for the reasons laid out in Raw Pet Food: The Problem That Won’t Go Away. FDA should tell the public what happened to this food. Until it does, the honest answer is that nobody outside the company, and possibly nobody inside it either, actually knows.

FDA Warning Letter, Waves & Wine, Inc., MARCS-CMS 724861, July 6, 2026.
Waves & Wine Inc / dba Chef’s Pure Pet, company job listing.
21 CFR Part 507, Preventive Controls for Food for Animals.
FD&C Act § 403(a), misbranded food.
FSIS response, petition 18-03, pet food certification.
USDA, “Ground Beef and Food Safety.”
DOJ complaint, U.S. v. Arrow Reliance Inc., Case No. 2:26-cv-02805.
Marler Blog.
Marion Nestle, foodpolitics.com.

Recalls and Alerts: August 19, 2026

eFoodAlert posts links to recalls for English-language countries only. If you are interested in recall information for other countries (including EU-member countries), please click on the Recall Link menu, above.

The live links in this post 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.

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TAINTED formats 3
“Reads like a true crime novel” – Food Safety News

Interested in learning more about food safety and the history of foodborne disease outbreaks and investigations?

Click on the link to listen to a short excerpt, then follow the buy links to add a digital, print or audio copy to your personal library.

Chapter 6. Birth of a Pathogen

Outbreak/Illness Investigations

BELGIUM: The Federal Agency for the Safety of the Food Chain is investigating an outbreak of Salmonella Enteritidis that has grown to 300 cases. The outbreak has been traced to eggs from a Laerco BV poultry house. The implicated eggs were exported to several countries, including Czechia, France, Italy, Luxembourg, Netherlands, Poland, Portugal, and Spain.

UK Update: The UK Health Security Agency continues to track a year-long outbreak of Salmonella Enteritidis illnesses that has risen to 207 cases as of August 13, 2026. One person has died. A specific food source has not yet been identified; however, data are suggestive of eggs.

USA Update: CDC reports that the Salmonella Javiana outbreak linked to jalapeño peppers from Mexico has grown to 431 confirmed cases across 32 states. Fifty-seven people have been hospitalized. Minnesota and Colorado are the two most heavily affected states, with 129 and 118 outbreak cases respectively.

USA: FDA is investigating a new 18-case outbreak of E. coli O103:H25 and a new 20-case outbreak of E. coli O26:H11, both linked to an as yet unidentified food and has updated the case count on several other outbreak investigations that are in progress.

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United States

Allergy Alert: Prince Bakery recalls Prince brand Sesame Italian Bread, Large Italian Bread, Large Sesame French Bread, Long Sesame French Bread and Pan de Manteca Spanish Style Bread due to undeclared sesame or milk.

Allergy Alert: Exotique Foods Inc recalls Momchipz Veggie Chips Broccoli Florets & Cauliflower (3 oz (85g); Best before 2026 AUGUST 31; UPC 6 28634 44216 6) due to undeclared gluten.

Food Safety Recall Update: Grand Central Bakery recalls loaves of Potato Sourdough bread due to possible foreign matter contamination (pieces of metal).

FDA Warning Letter: FDA warns Waves and Wine, Inc. that a compliance follow-up inspection of the company’s pet food manufacturing facility found evidence of significant violations of FDA’s Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Food for Animals requirements.

Canada

Allergy Alert: AJ International Trading, Kam Wah Resources Co. Ltd. recall Wu Xian Zhai brand Vegetarian beef and Preserved beancurd due to undeclared wheat.

Food Safety Recall: Crémerie boulevard Bouffe inc., and Les bonbons Sugar Daddy’s (Sherbrooke, QC) recall all varieties of TROMPE L’ŒIL pastries (Sold up to 19 August 2026) due to possible Staphylococcus aureus contamination.

Food Safety Recall: Tout est là tout est frais (Drummondville, QC) recalls all varieties of TROMPE L’ŒIL pastries (Sold up to 17 August 2026) due to possible Staphylococcus aureus contamination.

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Ireland and United Kingdom

Allergy Alert (Ireland): Manufacturer recalls Flahavan’s Irish Oaty Flapjacks Chocolate & Hazelnut (240g (6 x 40g); Best before 12/05/2027; Product of Ireland) due to undeclared nuts and soy.

Hong Kong and Singapore

No Alerts

Australia and New Zealand

No Alerts

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“A complete and compelling account of the hidden and not-so-hidden ways the food we give our beloved pets can be contaminated.” JoNel Aleccia, Health Reporter, Food & Nutrition, The Associated Press.

“An invaluable resource for busy pet owners” – Food Safety News

Recalls and Alerts: August 5, 2026

eFoodAlert posts links to recalls for English-language countries only. If you are interested in recall information for other countries (including EU-member countries), please click on the Recall Link menu, above.

The live links in this post 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.

Advertisements

TAINTED formats 3
“Reads like a true crime novel” – Food Safety News

Interested in learning more about food safety and the history of foodborne disease outbreaks and investigations?

Click on the link to listen to a short excerpt, then follow the buy links to add a digital, print or audio copy to your personal library.

Chapter 6. Birth of a Pathogen

Outbreak/Illness Investigations

USA Updates: FDA updates case counts on several outbreak investigations linked to not yet identified products.

USA Cyclosporiasis Update: CDC reports 10,468 laboratory-confirmed domestic cases of cyclosporiasis in 47 states. Two people have died and 517 were hospitalized. An additional 12,255+ cases are under investigation. A further 1,341 travel-related cases have been reported in 44 states.

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United States

Allergy Alert: Blank Slate Creamery recalls VEGAN NON-DAIRY FROZEN DESSERT COCONUT FUDGE SANDWICH (4.5 oz; Best by 11/23/26 and 1/9/27) due to undeclared egg.

FDA Warning Letter: FDA warns Friend’s Stable and Orchard, Inc. that a March 23, 2026, through March 25, 2026 inspection of the company’s farm conducted by the California Department of Food and Agriculture under FDA authority found serious violation of the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption regulation.

Canada

Food Safety Recall: Marché Toit Rouge inc. recalls Les Grondines cheese (Variable weights; from 6 July to 16 July 2026) due to possible Staphylococcus aureus contamination.

Food Safety Recall: Highline Mushrooms West Ltd recalls Highline Organic Mini Bella Mushrooms – Sliced (454g; Batch code 199AHMCF; UFC 7 71163 00048 9) due to possible Listeria monocytogenes contamination.

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Ireland and United Kingdom

Food Safety Recall (Ireland): SuperValu recalls SuperValu Sesame Seeds (200g; Batch codes 167 and 168; Best before May 2027) due to Salmonella contamination.

Food Safety Recall (Ireland): Trade recalls Compania Indilor Orientale Susan Sesame Seeds (50g; Batch code L1312242; Best before 31/07/2026; Product of India) due to Salmonella contamination.

Hong Kong and Singapore

No Alerts

Australia and New Zealand

Food Safety Recall (Australia): Key-Sun Laboratories recalls Key-Sun Kids Honey & Eucalyptus + acerola lozenge (54g (12 x 4.5g lozenges; Batch #0072; Use by June 2028) due to foreign matter contamination (metal).

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“A complete and compelling account of the hidden and not-so-hidden ways the food we give our beloved pets can be contaminated.” JoNel Aleccia, Health Reporter, Food & Nutrition, The Associated Press.

“An invaluable resource for busy pet owners” – Food Safety News