So, why not use the authority granted underneath the FDA and use the FDA’s obligatory recall authority?

In keeping with the FDA, earlier than the FSMA (Meals Security Modernization Act) was enacted, the FDA relied on accountable events to voluntarily recall violative meals merchandise — besides toddler system remembers that are described underneath part 412 of the FD&C Act – Meals, Drug and Beauty Act.

The FDA continues to depend on accountable events to voluntarily recall violative meals merchandise; nonetheless, FSMA’s obligatory recall authority permits the FDA to mandate a recall when a accountable get together chooses to not conduct a voluntary recall when the standards underneath part 423 of the FD&C Act are met.

The FDA can use its obligatory recall authority when the FDA determines that there’s a cheap likelihood that an article of meals is adulterated underneath part 402 of the FD&C Act and/or misbranded underneath part 403(w) of the FD&C Act and the place there’s a cheap likelihood that the usage of or publicity to such meals would trigger SAHCODHA ( Severe Adversarial Well being Penalties or Demise to People or Animals).

See, Questions and Solutions Relating to Obligatory Meals Remembers: Steerage for Trade and FDA Workers

FDA Advisory

On August 27, 2021, the FDA suggested shoppers to not buy or eat any seafood merchandise offered or processed by Felix Customized Smoking resulting from attainable Listeria monocytogenes contamination. See, Advisory

Listeria monocytogenes is a species of disease-causing micro organism, which may trigger an an infection referred to as listeriosis. Listeria monocytogenes is mostly transmitted when meals is harvested, processed, ready, packed, transported or saved in environments contaminated with Listeria monocytogenes. A listeriosis an infection can have critical hostile results for ladies who’re or could grow to be pregnant, the aged, and individuals with weakened immune techniques. There are a selection of signs for listeriosis. Relying on the severity of the sickness, signs could final from days to a number of weeks. Gentle signs could embrace a fever, muscle aches, nausea, vomiting, and diarrhea. If a extra extreme type of listeriosis develops, signs could embrace headache, stiff neck, confusion, lack of stability, and convulsions. For the very younger, the aged, and the immune-compromised listeriosis may end up in dying.

Abstract of Drawback and Scope

The FDA detected the pathogen Listeria monocytogenes and different strains of Listeria throughout an inspection at Felix Customized Smoking that started on July 19, 2021 and continues to be ongoing.

As a part of the inspection, on July 19, 2021, the FDA collected environmental samples from the agency which consisted of 104 samples from direct meals contact surfaces and areas close to direct meals contact surfaces. Laboratory evaluation reveals that of the 104 samples collected, 19 examined constructive for the pathogen Listeria monocytogenes and 4 examined constructive for different strains of Listeria. Of the 19 samples that have been constructive for Listeria monocytogenes, 5 have been collected from meals contact surfaces.

“The FDA has notified Felix of its findings, however the firm has declined to provoke a recall of its merchandise and continues to be processing seafood right now.”

FDA Actions

The FDA is issuing this alert to inform shoppers, corporations, and fishermen who could have obtained product from Felix as a result of the company is anxious in regards to the presence of Listeria monocytogenes on the agency and the protection of its merchandise. The FDA is continuous its efforts with Felix and its clients to take away these merchandise from the market.


The U.S. Meals and Drug Administration is alerting shoppers who’ve bought Felix Customized Smoking branded merchandise instantly from the agency, in addition to corporations and industrial and sports activities fishermen who’ve used Felix to course of, package deal, and/or label their seafood.

The FDA is advising shoppers to not eat any of Felix’s merchandise or merchandise processed by Felix and to discard any remaining merchandise they might have bought previously resulting from attainable Listeria monocytogenes contamination.

The FDA is advising corporations and industrial fishermen to not promote or additional distribute any merchandise processed by Felix. In addition they ought to discard any of their remaining merchandise that have been processed by Felix resulting from attainable Listeria monocytogenes contamination.


Felix Customized Smoking of Monroe, Washington, is a processor of a wide range of ready-to-eat salmon, squid jerky, and frozen, sizzling smoked and chilly smoked seafood. The agency additionally processes seafood merchandise for corporations that distribute these merchandise independently.

A few of Felix’s merchandise embrace:

Felix Northwest Mix Smoked Wild King Salmon
Felix Northwest Mix Smoked Wild Sockeye Salmon
Felix Northwest Mix Smoked Wild Tuna
Felix Pepper Smoked Wild Combined Salmon Jerky
Felix Wild Keta Teriyaki Smoked Salmon Jerky

One in all Felix’s clients, Loki Fish Firm, issued its personal product recall on August 23, 2021.

So, what’s up FDA?