The Houston food recall attorneys at Denena & Points remark that the reliability of U.S. FDA recalls and the procedures that lead to them came under fire from the U.S. government itself in a July report by the U.S. GAO (Government Accountability Office). The July report, FDA Food Advisory and Recall Process Needs Strengthening, was made to U.S. Congressional committees.
The GAO report emphasized that the FDA needs to publicize its safety recall procedures and that the accuracy of the FDA’s food recall data remains unclear. The damning report comes shortly after the FDA received new oversight powers in January 2011 to ensure food safety. The new FDA powers were the product of the Food Safety Modernization Act (FSMA).
Previously, the FDA had held authority only to recall infant formulas that it deemed unsafe or contaminated, but now the agency’s reach extends to other foods as well. In fact, you have probably noticed a virtual avalanche of FDA recall orders this summer on foods ranging from lettuce to chicken to cantaloupe and processed food products as listeria and salmonella contaminations have been discovered.
Under the FSMA, the FDA has developed some interim procedures relating to recall orders. But the GAO report noted that those procedures were not made public, so no one really understands what they are. In addition, our Houston food recall attorneys note that the FDA hasn’t issued regulations or industry guidance to illuminate the new procedures. So no one understands how its weighs the evidence to determine whether a food recall is actually necessary.
Basically, with such a lack of transparency, the FDA could decide to recall the entire food supply by fiat, and no one would necessarily understand why. And the prices of any non-recalled foods that remained on the market would skyrocket.
The GAO report also noted that the FDA’s data in its traditional recall sphere of non-food products appeared unreliable. Our Houston food recall attorneys realize that the unreliability stems in part from the agency’s reliance on undocumented definitions to group the product recall categories and, again, a lack of transparency and sharing of information. The FDA data, basically, remains far too occluded for the public or concerned industry officials to predict when a recall will be issued or on what basis.
Apparently, the FDA also ignored a recommendation from its own risk communications committee regarding development of a reliable communications policy and plan. The USDA has traditionally been charged with oversight of the food supply. And the FDA, in a classic demonstration of inter-agency (lack of) cooperation, has neglected to reach out and work with the traditional food safety gatekeeper to identify needed approached to inform citizens of important recall information.
Further, the Department of Health and Human Services, under the auspices of which the FDA operates, has refused to take a stand on the matter, saying it neither agrees nor disagrees with the GAO. Really, a good legal mind must love the dodgy responses and behaviors of unaccountable government agencies. Because, for all that the GAO or concerned citizens may try to change it, the agencies all do remain essentially unaccountable to the public that they supposedly serve.
Government policies and occlusion of their decision making processes leave citizens injured by food borne contaminants with little recourse but to blame each other. An injured victim or surviving family member of a victim that dies from food borne illness may still find recourse in a civil liability claim against the manufacturer, distributor, and/or seller of the food.
Of course, victims and their families would rather have stringent, clear, and reliable recall procedures n the first place, so that they would not have to suffer nor face the uphill battle of making a complex compensation claim. But if you find that you need to seek just compensation after a food borne contaminant has injured you or a loved one, our Houston food recall attorneys could help.
Our Houston food recall attorneys have more than 14 years of experience successfully handling similar cases on behalf of injured clients. We could help you win your claim too. Call or email us today to schedule a free case evaluation consultation. The consultation could arm you with the facts and legal options you need to make an informed decision regarding full financial recovery for you and your family.