Based on documents reviewed by Food Safety News, officials from the Food and Drug Administration (FDA) attempted to access the manufacturing facilities of Dixie Dew on March 3. However, company representatives denied them entry, prompting the FDA to issue a formal demand for the manufacturer to provide facility records and grant inspectors access. Upon entering the premises, inspectors discovered numerous violations, including malfunctioning temperature controls, an infestation of flies and larvae, liquid dripping from the ceiling onto production areas, and food-making equipment stored on unsanitary floors. They also received reports from supervisors indicating that production machinery had not been cleaned since 2015, and some equipment had remained broken for as long as 15 years.
The outbreak linked to contaminated soy paste produced by Dixie Dew has sickened 29 individuals across twelve states. SoyNut Butter Co., which incorporated the paste into its I.M. Healthy soy nut butters and certain granola products, initiated a recall shortly after the inspection and has since expanded it twice. These products were distributed to retail outlets, schools, and daycare centers, but the FDA did not disclose which locations sold or distributed the affected items. Furthermore, the FDA did not identify Dixie Dew as the manufacturer of the contaminated soy paste until compelled to do so by the Seattle law firm Marler Clark, which included the company in a civil lawsuit.
In contrast, other food safety agencies, such as the Food Safety and Inspection Service, typically name retailers and manufacturers in their recall announcements. The FDA, however, claims it is adhering to a law that prohibits the disclosure of trade secrets. While publicizing sales and distribution information may be detrimental to business, critics argue that the FDA’s interpretation of the law is overly complex and that concerns for public safety should take precedence over business interests. Richard Raymond, who advocated for greater recall transparency as the undersecretary of agriculture for food safety under President George W. Bush, stated that the FDA has yielded to pressures from the food industry. “I suspect they don’t want that fight themselves,” he recently remarked to The Washington Post.
As a result, consumers are left uninformed and can only hope that companies will take the initiative to notify them if they have purchased contaminated products. Although retailers and manufacturers certainly do not wish for their products to cause sickness, their lack of transparency can damage their reputation, particularly in an era where consumers are demanding increased accountability. This situation also presents a risk to public health.
It is perplexing how conditions at Dixie Dew could deteriorate so severely and remain unchecked for such an extended period. Food safety has seen significant reforms in recent years. Following the salmonella outbreak that resulted in nine deaths and lengthy prison sentences for executives at the Peanut Corporation of America, inspectors have been scrutinizing plant conditions more closely. Additionally, the massive listeria outbreak led to the implementation of new testing protocols at Blue Bell. If Dixie Dew was already on the FDA’s radar, it remains unclear why it did not undergo further inspections.
The Food Safety Modernization Act (FSMA), which is currently being implemented across the industry, mandates stringent testing and quality control measures. Although Dixie Dew may not yet be required to comply with FSMA’s preventive controls regulations due to its size, the manufacturer should still have been working toward alignment with these new standards—guidelines that are so rigorous that products are often recalled before any illnesses occur.
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