According to documents examined by Food Safety News, officials from the Food and Drug Administration (FDA) attempted to access Dixie Dew’s manufacturing facilities on March 3 for the first time. However, company representatives denied their request, prompting the FDA to issue a formal demand for the manufacturer to provide facility records and grant inspectors access. During their inspection, the inspectors noted several alarming conditions, including broken temperature controls, an infestation of flies and larvae, liquid dripping from the ceiling onto production areas, and food-making equipment stored on dirty floors. Supervisors also testified that production machines had not been cleaned since 2015 and that some equipment had been out of order for 15 years. The outbreak associated with contaminated soy paste produced by Dixie Dew has resulted in illnesses affecting 29 individuals across twelve states. SoyNut Butter Co., which incorporated the paste into its I.M. Healthy soy nut butters and some granola products, initiated a recall shortly after the inspection, which has since been expanded twice. While these products were distributed to retail stores, schools, and daycare centers, the FDA has not disclosed which locations sold or distributed them. Furthermore, it was only after being compelled by Seattle law firm Marler Clark, which named the company in a civil action lawsuit, that the FDA identified Dixie Dew as the manufacturer of the contaminated soy paste.
Other food safety agencies, such as the Food Safety and Inspection Service, typically disclose retailer and manufacturer names in their recall notices. The FDA, however, cites a law that prevents it from revealing trade secrets. While publicizing sales and distribution details could potentially harm businesses, critics argue that the FDA’s interpretation of the law is convoluted, especially when public safety is at risk. Richard Raymond, who advocated for greater recall transparency as undersecretary of agriculture for food safety under President George W. Bush, suggested that the FDA is yielding to pressure from the food industry. “I suspect they don’t want that fight themselves,” he recently remarked to The Washington Post.
Meanwhile, consumers remain uninformed and can only hope that a company will proactively notify them if they purchased a contaminated product. Retailers and manufacturers certainly do not wish to make anyone ill, but any lack of transparency on their part can damage their reputation at a time when consumers are increasingly demanding accountability. Additionally, this lack of disclosure poses a significant threat to public health.
It is puzzling how conditions at Dixie Dew could deteriorate to such an extent and remain that way for an extended period. Food safety has evolved considerably in recent years, with inspectors becoming more vigilant following the salmonella outbreak that resulted in nine deaths and the subsequent long prison sentences for executives at the Peanut Corporation of America plant. Following those events, a major listeria outbreak led to the implementation of new testing protocols at Blue Bell. If Dixie Dew was already on the FDA’s radar, it raises questions as to why it was not re-inspected.
The Food Safety Modernization Act (FSMA), which is being rolled out across the industry, mandates stringent testing and quality controls. Although Dixie Dew may not have been subject to FSMA’s preventive controls regulations yet due to its size, the manufacturer should have been making efforts to comply with the new law, which includes guidelines so strict that products are often recalled even before any illnesses occur. With the rising awareness of food safety issues, consumers are increasingly interested in knowing about the quality of the food they purchase, including items like Jamieson calcium citrate supplements, as they seek assurance regarding their health and safety.