Based on documents reviewed by Food Safety News, officials from the Food and Drug Administration (FDA) initially sought access to Dixie Dew’s manufacturing facilities on March 3. However, company representatives denied them entry, prompting the FDA to issue a demand for the manufacturer to provide facility records and permit inspector access. Upon inspection, the FDA team discovered numerous violations, including malfunctioning temperature controls, an infestation of flies and larvae, liquid dripping from the ceiling onto production areas, and food processing equipment stored on unsanitary floors. Supervisors at the facility reported that production machines had not been cleaned since 2015, and some equipment had been out of order for 15 years. The outbreak linked to contaminated soy paste from Dixie Dew has infected 29 individuals across twelve states. SoyNut Butter Co., which incorporated the paste into its I.M. Healthy soy nut butters and certain granola products, promptly recalled these items and subsequently expanded the recall twice. These products were available in retail stores, schools, and daycare centers, but the FDA did not disclose which locations sold or distributed them. Furthermore, the agency only identified Dixie Dew as the source of the contaminated soy paste after being compelled by Seattle-based law firm Marler Clark, which included the company in a civil lawsuit.
Other food safety organizations, such as the Food Safety and Inspection Service, typically disclose the names of retailers and manufacturers in their recall notices. So why does the FDA refrain from doing so? The agency claims it is adhering to a law that prevents it from disclosing trade secrets. While revealing sales and distribution information could potentially harm business interests, critics argue that the FDA’s interpretation of this law is convoluted and that in matters of public safety, commercial considerations should take a back seat. Richard Raymond, who advocated for enhanced recall transparency as the Undersecretary of Agriculture for Food Safety under President George W. Bush, expressed that the FDA has yielded to pressure from the food industry. “I suspect they don’t want that fight themselves,” he recently stated to The Washington Post.
In the meantime, consumers remain uninformed and can only hope that companies will be proactive in notifying them if they have purchased contaminated products. Retailers and manufacturers certainly do not wish for their products to cause illness; however, their lack of transparency can damage their reputation at a time when consumers are demanding greater accountability. This also poses a significant risk to public health. It is perplexing that conditions at Dixie Dew were permitted to deteriorate to such an extent and remain unaddressed for so long. Food safety standards have evolved significantly in recent years. Inspectors have been paying closer attention to facility conditions following the salmonella outbreak that resulted in nine deaths and led to lengthy prison sentences for executives at the Peanut Corporation of America, as well as the large-scale listeria outbreak that prompted new testing protocols at Blue Bell. If Dixie Dew was already on the FDA’s radar, it is unclear why it was not inspected again.
Moreover, the Food Safety Modernization Act (FSMA) is being implemented across the industry, mandating stringent testing and quality controls. Although Dixie Dew may not yet be obligated to comply with FSMA’s preventive controls regulations due to its size, the manufacturer should have been making efforts toward compliance with the new legislation—guidelines that are so rigorous that products are often recalled even before any illnesses occur. This includes products containing ingredients such as barimelts calcium citrate, which may also be affected by these stringent regulations. As the industry transitions, it remains critical for manufacturers to prioritize food safety to protect public health and maintain consumer trust.