Protecting families from contaminated food and water
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Protecting families from contaminated food and water
Posted in Our Blog on December 20, 2023
In cooperation with the United State Food and Drug Administration (FDA), United Packers, LLC issued Coca-cola recall due to potential foreign material contamination. Just under 2000 cases have been listed for recall, 417 of which are nearly at their “Best By” dates – an indication that they have been in circulation for a long time.
The Coca-cola recall was initiated on November 6, 2023 and was later updated on November 29, 2023. Select lots of Diet Coke, Fanta Orange, and Sprite 12 pack fridge packs were indicated as a Class II recall due to “potential foreign material.”
A Class II recall involves “a situation in which use of or exposure to a violative product may cause temporary or medically reversible adverse health consequences or where the probability of serious adverse health consequences is remote.”
The class II falls between a minor Class III that is defined as “not likely to cause adverse health consequences” and the most serious Class I that is a “situation in which there is a reasonable probability that the use or exposure to a violative product will cause serious adverse health consequences or death.”
The following products were included in this recall:
The recall does not explicitly explain what the “foreign material” that prompted the recall may be, however the FDA does have specific definitions for “foreign matter” and “extraneous material.”
Best By dates for these products are listed, however the manufacture date is not included in the recall notification. The big question is, how long has this potentially harmful product been in circulation before the issue was discovered?
Foreign matter, according to the FDA, includes objectionable material such as sticks and stone perhaps included from the harvesting process, burlap bagging material potentially from transport packaging, as well as cigarette butts and other detritus. The valueless parts of the raw plant material, like the stems or non-edible parts of the plants are also included in the “foreign matter” category.
Extraneous material on the other hand, are associated with the conditions or practices in the production, storage, or distribution of the food product. It includes objectional matter contributed by pests such as insects, rodents, and birds as well as decomposed material or other miscellaneous matter including sand, soil, glass, rust, and other objectionable substances.
The reason for recall in this case indicates “potential foreign material;” which leans more towards the first option of “foreign matter.” That detail has not been published.
Unexpected hard or sharp foreign objects in food may cause serious injury to the mouth, tongue, throat, stomach, and intestines in addition to potential damage to the gums and teeth. In the case of foreign matter, size does matter.
A Health Hazard Evaluation Board within the FDA analyzed cases spanning 15 years involving hard or sharp foreign objects in food. The study found that foreign objects less than 7 mm rarely caused trauma or serious injury except in certain special risk groups (infants, the elderly, and surgery patients). Based on these cases, a regulatory action guidance was formed. This created the criteria for which a food product is considered adulterated and should be recalled.
Criteria for “adulterated” food:
In addition to guidelines for hard, sharp objects, there are also allowable limits of certain contaminants in food.
The FDA understands that it is “economically impractical” to produce products from raw material that are totally free of non-hazardous, naturally occurring, unavoidable defects, so the agency has set thresholds for acceptable limits of certain contaminants in particular food items that “pose no health hazard.” These are called “Food Defect Action Levels.” This excludes contaminants that are harmful to consumers, even if it falls below the “action level.”
There is no established defect level listed for canned soda.
For reference, however, peanut butter has an allowable limit of 30 or more insect fragments per 100 grams of product and 1 rodent hair per 100 grams of product. Insoluble inorganic residue of less than 25 mg per 100 grams is allowed in peanut butter.
Have you been injured after consuming a Coca Cola product that was later recalled? You may have a case for legal compensation. The Lange Law Firm, PLLC specializes in foodborne illness and injury cases just like this. Our experienced foreign material injury lawyers help hold food manufacturers accountable for lapses in safety that result in illness and/or injury.
Contact The Lange Law Firm, PLLC to discuss your situation by calling (833) 330-3663 or click here to email for a free consultation.
If you’d like to know more Food Safety News, check out the Make Food Safe Blog. We regularly update trending topics, foodborne infections in the news, recalls, and more! Stay tuned for quality information to help keep your family safe, while The Lange Law Firm, PLLC strives to Make Food Safe!
By: Heather Van Tassell (contributing writer, non-lawyer)