Every week in the past one among my meals security followers on Twitter despatched me this photograph that was apparently circulating providing on the market on eBay a product that was recalled over a decade in the past.  They requested if it was authorized for somebody to promote a recalled meals product.

First, after a fast search on eBay I didn’t see the product nonetheless on the market, however it did pique my curiosity within the query.

Setting apart that it’s silly to attempt to promote (at an outrageous mark-up) a recalled product that was recognized to be contaminated with Salmonellathe reply is that it’s unlawful as considered from the FDA and  is  towards eBay’s personal insurance policies.

For a little bit of historical past, this Salmonella outbreak sickened a complete of 715 circumstances that had been recognized in 48 states. Sufferers had a median age of 53 years (vary, 2 months to 95 years); 519 of 708 (73%) had been feminine. Amongst 707 Salmonella isolates the place specimen website was obtainable, 421 (60%) had been from stool specimens, 264 (37%) had been from urine specimens, and 22 (3%) had been from different or a number of specimen sources. The median age of sufferers with urine isolates was 62 years (vary, 2 to 94 years), in contrast with 48 years (vary, 2 months to 95 years) for sufferers with stool isolates. Ninety-four p.c (247/263) of sufferers with urine isolates had been feminine, in contrast with 62% (257/416) of sufferers with stool isolates .

Though the outbreak slowed after the  product was recalled in February, circumstances continued to be confirmed after this time interval. The circumstances had been in the end linked to the consumption of Peter Pan and Nice Worth model peanut butter manufactured in ConAgra’s Georgia peanut butter plant. Any Peter Pan or Nice Worth model peanut butter starting with product code 2111 was recalled in response to the outbreak investigation.

So, right here is the unlawful half.

The Federal Meals Drug and Beauty Act underneath 21 US §331 – Prohibited acts:

21 US §321 defines “particular person” to incorporate “particular person, partnership, company, and affiliation.”

21 US §331 prohibits (a) the introduction or supply for introduction into interstate commerce of any meals….that’s adulterated.

21 US §333 then states: (1) any one that violates a provision of part 331 of this title shall be imprisoned for not multiple yr or fined no more than $1,000 or each.

Clearly, any particular person promoting a recalled product – for no matter objective – is doing an unlawful act underneath the Federal Meals Drug and Beauty Act .

Additionally, eBay’s Product Security Coverage clarify that it’s towards its personal coverage to promote the product.  The rule is that promoting merchandise that pose a well being or security hazard aren’t allowed.  To make sure the protection and well-being of our members, eBay doesn’t permit listings for objects which are banned, recalled, or harmful to a purchaser. The next forms of objects will not be allowed:

  • Merchandise recalled by a producer or authorities company
  • Merchandise the place the sale of the product is prohibited by regulation or regulation
  • Merchandise that pose a well being or security hazard as specified by any authorities company

Effectively, that every one appears fairly clear.

Somebody additionally jogged my memory that we had the same downside in 2017, each with on-line and retail gross sales of a recalled product.

The CDC reported that thirty-two individuals contaminated with the outbreak strains of STEC O157:H7 had been reported from 12 states.

Diseases began on dates starting from January 4, 2017 to April 18, 2017. Unwell individuals ranged in age from 1 to 70 years, with a median age of 9. Twenty-six (81%) of the 32 ailing individuals had been youthful than 18 years. Amongst ailing individuals, 59% had been male. Twelve ailing individuals had been hospitalized, and 9 individuals developed hemolytic uremic syndrome, a sort of kidney failure.

The recall occurred on March 3, 2017, however recalled product continued to floor for months till the FDA posted this discover:



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