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 16–17, 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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“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 (California): San Diego County is tracking an outbreak of 21 Salmonella illnesses linked to shell eggs from Happy Hens poultry farm. Seven people have been hospitalized. The raw eggs were used by a market in Ramona, California, to produce mayonnaise. Additional cases of the same Salmonella strain unrelated to the market are also under investigation. Some of the eggs may have been distributed to retail outlets.

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United States

Food Safety Recall: Dreyer’s Grand Ice Cream, Inc. recalls multiple lot codes of Outshine Strawberry, Watermelon, Grape, Tangerine, and Black Cherry Fruit Bars (6-count, 2.5 oz) due to possible foreign matter contamination (glass).

Food Safety Recall: Dairyland Produce, LLC, dba Hardie’s Fresh Foods recalls PEPPER JALAPENO 5# (Lot codes X2741775, X2741859, X2744163, X2744706, X2746349, X2746490, X2748743) due to possible Salmonella contamination.

Food Safety Recall Update: Oma’s Pride recalls Woof Complete Canine Chicken Recipe (6 lb bag; Lot BB012729) due to possible Salmonella contamination. The FDA found Salmonella in a sample of this product during a follow-up to a consumer complaint about three illnesses in dogs.

Canada

Allergy Alert: Olymel S.E.C/L.P. recalls Olymel brand Cooked Turkey Breast Roast Honey & Dijon (~3.2 kg; Best before 2026AU20; UPC 9 0065137 58892 3) due to undeclared mustard.

Food Safety Recall: Boulangerie Pâtisserie La Belle Bleue inc. (Montréal, QC) recalls all varieties of “TROMPE L’ŒIL” pastries (Sold up to 14 August 2026) due to possible Staphylococcus aureus contamination.

Food Safety Recall: Importation Mini Italia recalls various brands of cheese products due to generic E. coli contamination.

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Ireland and United Kingdom

No Alerts

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: July 1, 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

MULTIPLE EUROPEAN CONTRIES (Update): ECDC reports 106 confirmed cases of Salmonella Stanley illnesses in 13 European Union/European Economic Area (EU/EEA) countries and the United Kingdom. Epidemiological and microbiological evidence link the outbreak to consumption of flavoured noodle products manufactured in Ukraine.

PANAMA: Health authorities are investigating a suspected outbreak of ~450 cases of Norovirus gastroenteritis in Chiriqui Province.

USA: FDA is investigating a new outbreak of 14 cases of E. coli O157:H7 linked to an as yet unidentified food.

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United States

Allergy Alert: EUNHA FISHERIES CO., LTD. recalls certain Sliced Korean Halibut and Flounder Sashimi products due to undeclared wheat, soy, and sesame on the condiment packages.

Pet Food Safety Recall: Doggone Raw, LLC recalls Bosco’s Blend Chicken Doggone Raw (2 lb & 10 lb; Lot code 4 24-27) due to possible Salmonella contamination.

Canada

No Alerts

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Ireland and United Kingdom

Food Safety Recall Update (Ireland): K O’Connell Fishmongers recalls K O’Connell Fishmongers Smoked Salmon Slices (100g, 150g & 320g; Batch code SS16726; Use by 17/07/2026) due to possible Listeria monocytogenes contamination.

Food Safety Recall (UK): O’Brien Fine Foods recalls Brady Family Crumb Irish Ham (80g; Batch codes 235880 & 235765; Use by 16 July 2026), Deluxe Honey Roast Carved Irish Ham (130g; Batch code 235473; Use by 16 July 2026) and Deluxe Triple Oak Smoked Carved Irish Ham (130g; Batch code 235461; Use by 16 July 2026) due to possible Listeria monocytogenes contamination.

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