A curious hole in the Food and Drug Administration’s (FDA) authority over food recalls became apparent during the national peanut recalls of 2009. The agency announced it was serving Westco Fruit and Nuts Inc. with an investigation warrant after the company declined to initiate a recall of its peanut products despite FDA recommendations–this in the midst of a peanut-borne salmonella outbreak.
The situation was possible because under the existing law, the agency had the ability to suggest that a company recall a product, but it had no recall authority without a court order.
