FDA’s Final Guidance on Mandatory Food Recall Authority Part of Efforts to be Robust and Transparent
Yesterday FDA released the final guidance on its mandatory recall authority under FSMA. Although the agency has only taken a mandatory recall action once since 2011—in April, FDA issued a recall of Triangle Pharmanaturals Kratom Products—the FDA’s authority to recall products “plays an important role in ensuring that potentially dangerous food products are removed from the marketplace,” states the agency in a release. “The agency remains committed to working with firms to facilitate the orderly and prompt voluntary removal of potentially dangerous products from the food supply. FDA Recall Coordinators are available to assist firms during the recall process.”
The final guidance, “Questions and Answers Regarding Mandatory Food Recalls: Guidance for Industry and FDA Staff”, is as its title states, in a Q&A format, offering answers to the most common questions about the mandatory recall provisions in section 423 of the FD&C Act.
FDA Commissioner Scott Gottlieb, M.D. also released a statement about the agency’s commitment to keeping unsafe products off the market. “When issues arise that would put consumers at risk, we won’t hesitate to mandate the removal of a product from the market using the full extent of our authorities. It’s our responsibility. And it’s critical to our mission to ensure the safety of Americans,” stated Gottlieb in a press release. He added that most companies are cooperative in closely working with FDA to initiate voluntary recalls.
FDA will be making additional moves to enhance its recall policies, according to Gottlieb.