FDA Sends Warning Letter to Grocer Market of Choice After Four Recalls

Oregon family-owned grocer Market of Choice has been sent a warning letter from the Food and Drug Administration (FDA) for labeling and allergen violations, after the company had to conduct four recalls in five years.

The FDA conducted inspections at the company’s facilities on Dec. 22 and 29, 2020, and Jan. 4, 5, and 14, 2021, following a recall of the company’s Sour Cherry Baked Brie due to undeclared almonds on the product labeling.

“During our inspection of your facility, FDA investigators found serious violations of the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food regulation,” the letter reads.

According to the FDA’s letter, Market of Choice responded to the FDA’s inspections saying the company was taking corrective actions. However, the letter says that those actions are not sufficient in many cases.

It says that Market of Choice did not appropriately identify undeclared allergens as a hazard requiring preventive control.

“Your facility receives, stores, and uses allergens such as tree nuts, peanuts, milk, eggs, soy, and wheat in production. Your allergen hazard analysis, written in your document entitled “Preventive Control for Allergens – All Products,” dated November 15, 2020, indicates that the allergen hazard was not significant due to low likelihood.

“As part of your hazard evaluation, you are required to evaluate known or reasonably foreseeable hazards to assess the severity of the illness or injury if the hazard were to occur and the probability that the hazard will occur in the absence of preventive controls,” the letter reads.

Because Market of Choice uses allergens in its products, the FDA says the likelihood of an allergen being present was not low.

“Moreover, allergens can cause serious adverse health consequences or death. Thus, your hazard analysis should have concluded that food allergens are a hazard requiring preventive controls.”

The federal agency found that the company did not update electronic allergen declarations or inform retail stores of allergen ingredients that were added to its products.

“As a result, on December 4, 2020, you initiated a Class I recall of the Sour Cherry Baked Brie due to undeclared almonds,” the letter says.

“Further, you have had a total of four Class I and two Class II recalls involving undeclared allergens in the past five years.”

The agency adds that Market of Choice’s “New Product Label Verification Checklist” plan does not appear to address the root cause of the recall – failure to make electronic allergen labeling revisions after reformulations that add or change the allergens in a product.

“In addition, the procedure does not include monitoring, corrective action, or verification procedures to ensure control of the undeclared allergen hazard.”

Market of Choice also did not identify Listeria monocytogenes and Salmonella as potential hazards and make plans for them, even though the company’s RTE fresh salads are exposed to possible environmental pathogens. 

“Listeria monocytogenes is a known or reasonably foreseeable pathogen associated with RTE foods, including RTE salads, exposed to the environment. Thus, your hazard analysis should have concluded that environmental pathogens such as Listeria monocytogenes are a hazard requiring preventive controls.”

In a redacted section of the letter, the FDA says that the company has obtained six Salmonella positive swab results in rooms next to the main production room where ready-to-eat products are exposed to the environment prior to packaging.

The FDA says that the grocer has not received any updates documenting the company’s progress on addressing violations or hazards.

“You are responsible for investigating and determining the causes of any violations and for preventing the recurrence or occurrence of other violations. It is your responsibility to ensure that your firm complies with all requirements of federal law, including FDA regulations,” the letter reads.

Market of Choice has 15 working days to explain to the FDA how it plans to address the violations.

Have you ever shopped at Market of Choice? What are your thoughts on this FDA warning?

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