Jimmy Dean Initiates Recall for Failure to Declare Allergens

On November 10, 2012, Jimmy Dean issued a Press Release, explaining how the Company is initiating a voluntary recall of certain of its products due to a labeling error that resulted in undeclared allergens. In particular, the Company is recalling certain lots of its French Toast & Sausage Sandwich breakfast products because the labels of such products fail to declare the presence of soy and egg. According to the Company, no other Jimmy Dean brand products are affected.

Under the Food Allergen Labeling and Consumer Protection Act (“FALCPA”), all food labels must declare the presence of major food allergens. Pursuant to FALCPA, “major allergens” consist of eight foods and food groups, including the following: milk, eggs, soy, peanuts, tree nuts, fish, crustacean shellfish and wheat. Despite FALCPA’s effective date of January 1, 2006, there remain to be countless recalls as a result of the failure to properly declare the presence of these major food allergens. While it is unclear why there have been so many deficiencies with respect to compliance with FALCPA, it appears that these types of firm-initiated recalls will continue until manufacturers and labelers can get a handle on FALCPA’s labeling requirements.

For more information about FALCPA or how you can comply with these labeling requirements, please feel free to contact us at contact@giannamore-law.com.

FDA Attorney

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