Immediate Vault Immediate Access

Five Questions with a Food Fraud Expert

Food Fraud

BALTIMORE—After his Food Safety Summit session on food fraud and economically motivated adulteration, I caught up with Doug Moyer, a pharmaceutical fraud expert and adjunct with Michigan State University’s Food Fraud Initiative. Here are a few of his insights into top challenges for the supply chain, and the biggest risks to be wary of as a consumer.

What are the riskiest foods for fraud?

The most fraudulent are the perennials: olive oil, honey, juices and species swapping in fish. Most people underestimate the amount of olive oil adulteration, but the amount of what is labeled “extra virgin olive oil” that Americans buy is more than Italy could ever produce. I buy certified California olive oil because I’ve sat down with that group and I know that their industry is really concerned about standards and have established a rigorous certification process. I am also really concerned about species swapping in the seafood industry. I love sushi, but I have a lot of concerns eating it, and they are not always about health. I don’t like feeling duped, and a lot of companies now have to contend with that reputation issue after so many studies have found that the odds can be incredibly low that you are eating the fish that you think you ordered—as little as 30% in some sushi restaurants in Los Angeles, for example.

Adulteration has been getting a lot more attention recently, from consumers and regulators. How old of a phenomenon is food fraud?

Food fraud actually dates back to the antiquities. In the industry, we refer to it as a 2,000-year-old problem. There are actually ancient jugs used for oil or wine that feature art that is misleading about the origin or quality of what came inside.

Why are we seeing more food fraud in the U.S. now?

In the United States, we have the real luxury of solid supply chains and active food safety protectors in the form of regulators and advocates. But, as the supply chain lengthens, strangers and anonymous players get introduced, and that’s where the system is most endangered.

What is the worst case of food fraud you’ve ever seen?

Melamine in Chinese infant formula is definitely one of the worst, and especially sinister. In the ‘80s, there was also a truly horrible case with olive oil in Spain. Many people hear about olive oil adulteration now and say, “What’s the harm, if it’s just another oil?” In that case, though, it was adulterated with industrial grade oil. Over 1,000 people died, and some are still infirm and in hospitals today.

What are the biggest culprits in pharmaceutical fraud?

Male enhancement, by far, is the top victim. Patients may be too embarrassed to see a doctor about their symptoms, so they log online and order from a rogue pharmacy—which may not even be a pharmacy at all. But if they were too embarrassed to get the medication to begin with, they will probably be too embarrassed to report the issues, too. Anti-malarials are also a big culprit abroad. In countries with a lot of demand for medications that fight malaria, many counterfeiters see the opportunity to fill that need before legitimate providers can. Poor populations gravitate toward these cheaper products, and access to doctors may be limited by a long, expensive trip—when you are already sick, or cannot afford the trip, it’s easier to go to a street vendor who rips off a sheet of what he says will help. It’s a particularly heinous crime because counterfeiters will trick customers with a little bit of aspirin in the pills that lower fevers and help with the body ache. That kind of deliberate attempt to keep people from getting better, to me, is more heinous than food fraud.

Q&A: Food Safety Modernization Act

The Food Safety and Modernization Act (S.510) of 2010 is the first major overhaul of the FDA’s food safety provisions since 1938. And after a year that saw recalls of numerous processed foods, meats and eggs (check out the nine major snafus of the decade according to the Huffington Post), an overhaul food safety regulations is exactly what Americans need. To better understand the new act, I contacted Bernie Steves, managing director of Aon Risk Solutions’ crisis management practice, and Rick Shanks, national managing director of Aon Risk Solutions’ food system, agribusiness and beverage practice.

Will there be an expected increase in the number of recalls as a result of the legislation? If so, why?

BS & RS: Aon expects the number of recalls to increase if the proposed legislation becomes law. The FDA will be able to insist on a recall based on “reason to believe” rather than providing credible evidence of the contamination. We are already seeing an influx in recalls. To date, recalls have been on a voluntary basis and increasing for several years.

What are some examples of new regulatory requirements for manufacturers, importers and distributors as outlined in the Food Safety and Modernization Act?

BS & RS: A full hazard analysis will be required, identifying and evaluating known or reasonably foreseeable hazards that may be in association with the facility. These include an extensive list of hazards specifically given as examples in S.510. The hazard analysis must include food defense, which identifies and evaluates hazards that may be intentionally introduced by acts of terrorism. A full plan will need to be developed.

What implications will these new regulations have on recall insurance?

BS & RS: Food companies will need to reevaluate coverage, limits, terms and conditions. Studies show that the average recall costs $10 million, not including damage to brand.  Several insurance markets have been able to include government recall as an endorsement to product contamination policies. Certainly those endorsements will be more applicable in the U.S. with the passage of this legislation. It is important to note that while this authority to order recalls is new in the U.S., many countries’ local food safety authorities have had this power. For instance, the EU has had similar legislation since 1999.

What effect will these regulations have on risk managers in the food production and distribution industry?

BS & RS: Underwriters will require more detailed information on processes, controls, loss prevention, crisis management and product development. Aon advises risk managers to be involved with quality assurance, food safety, food defense and supply system risk management in both manufacturing and distribution for wholesale and retail.

Though this bill has enjoyed strong bipartisan support, it is not yet finalized. When can we expect the Food Safety and Modernization Act to be put into action?

BS & RS: Experts advise that the normal process between the House and Senate may delay the passing of the legislation. Some reports say that the House may streamline the process.

2009 – The Year of the Food Recall

It has been an undeniably busy year when it comes to food recalls. From salmonella-contaminated peanut butter back in January that sickened thousands and killed nine to the more recent cat food recall issued by Diamond Pet Foods, the same company responsible for the tainted pet food that killed dozens of dogs around the nation in 2005, it seems there’s a new recall each week.

In fact, just yesterday more than 20,000 pounds of beef was recalled amid worries it is linked to at least two cases of salmonella. The beef was packaged by Beef Packers Inc., a Fresno-based company that is owned by Cargill, a company that has had it’s share of time in the spotlight for contaminated food. And last week, the FDA announced that oysters harvested from San Antonio Bay in Texas have caused about a dozen cases of norovirus-related illnesses.

To read the complete list of 2009 food recalls issued by the FDA is astonishing and terrifying. Let’s take a look at the month of November alone:

November 30, 2009 – La Espiga De Oro, Inc. Issues Allergy Alert on Undeclared Whey in Flour Tortillas
November 27, 2009 – Diamond Pet Foods Announces Recall of Premium Edge Adult Cat and Premium Edge Hairball Cat Food
November 25, 2009 – Vita Food Products, Inc. Issues an Alert Announcing Undeclared Wheat in ELF Branded Herring in Sour Cream
November 25, 2009 – Stryker Corporation’s Instruments Division Issues Worldwide Class 1 Recall of 23 Operating Room System II Surgical Navigation Systems; Catalog numbers 7700-100-000 and 7700-101-201
November 24, 2009 – Rikki USA, Inc.Re-Issues Allergy Alert on Undeclared Shrimp in Toi Sauce Thai Red Curry (Panang) produced for the Siamrica Co. to Correct Lot Number
November 22, 2009 – Timco Worldwide Inc. issuance of a voluntary recall of Large Seedless Watermelons because of possible health risk
November 20, 2009 – Five Crowns Marketing Voluntarily Recalling Cantaloupes Packed under the Majesty Label Because of a Potential Health Risk Due to Possible Contamination of Salmonella
November 20, 2009 – Unilever Issues Nationwide Allergy Alert on Undeclared Sulfites in Certain Shedd’s Country Crock® Chilled Side-Dish Products
November 19, 2009 – Service Smoked Fish Corp. Recalls Smoked Nova Salmon Because of Possible Health Risk
November 19, 2009 – Fresh & Easy Neighborhood Market Issues Allergy Alert on Undeclared Pecans in Mislabeled Fresh & Easy Pumpkin Cheesecake Pies
November 19, 2009 – P&G Voluntarily Recalls Specific Lots of Vicks Sinex Nasal Spray in the United States, Germany and the United Kingdom
November 18, 2009 – Nassau Candy Issues Nationwide Allergy Alert Because Of Possible Undeclared Allergens on their Tasty Dish Snack Tubs of Chocolate Almonds, Chocolate Raisins and Sour Neon Worms
November 17, 2009 – SNACKS ON RACKS, INC. Issues Nationwide Allergy Alert because of Undeclared Allergens in Their Gourmet Snacks Pack Product Line
November 17, 2009 – Cardiovascular Systems ViperSheath Sheath Introducer – Recall
November 17, 2009 – Superior Foods Co. Issues Allergy Alert On Undeclared Allergens in Fish Product
November 16, 2009 – Cardiovascular Systems Initiates Voluntary Recall of ViperSheathTM Sheath Introducer
November 13, 2009 – Cardiac Science Notifies AED Customers of Nationwide Voluntary Medical Device Correction
November 13, 2009 – Conagra Foods Issues Nationwide Allergy Alert on a Limited Number of 15 oz. Tubs of Blue Bonnet Light Spread
November 12, 2009 – Synthes USA, Ti Synex II Vertebral Body Replacement – Class I Recall
November 12, 2009 – IDS Sports Conducts a Voluntary Nationwide Recall of Bromodrol, Dual Action Grow Tabs, Grow Tabs, Mass Tabs, and Ripped Tabs TR
November 12, 2009 – GMP Herbal Products, Inc. Issues a Voluntary Nationwide Recall of a Weight Loss Supplement Found to Contain Undeclared Drug Ingredients
November 09, 2009 – Edwards Lifesciences CardioVations EndoClamp Aortic Catheter – Class 1 Recall
November 09, 2009 – RockHard Laboratories Issues a Voluntary Nationwide Recall of Specific Lots of RockHard Weekend marketed as Dietary Supplement
November 06, 2009 – Hospira Issues Nationwide Voluntary Recall of Certain Lots of Liposyn™ and Propofol Products That May Contain Particulate Matter
November 05, 2009 – FDA Health Alert for Certain Pet Treats Made by Pet Carousel
November 04, 2009 – Jelly Belly Issues Allergy Alert on Undeclared Peanuts in 7.5oz cylinder-style packages of 49 Flavors Jelly Belly jelly beans
November 04, 2009 – Centurion Medical Products – Premie Pack and Meconium Pack – Recall
November 04, 2009 – PetSmart Voluntarily Recalls Dentley’s Beef Hooves
November 03, 2009 – American Regent Expands Voluntary Recall to Include All Lots of Ketorolac Tromethamine Injection, USP 15 mg/mL; 1mL Single Dose Vial
November 03, 2009 – BODYBUILDING.COM Is Conducting a Voluntary Nationwide and International Recall of 65 Dietary Supplements That May Contain Steroids
November 03, 2009 – Pelican Bay Ltd. Issues Nationwide Allergy Alert on Undeclared Tree Nuts in Caramel Chocolate Truffle Hot Chocolate Mix
November 03, 2009 – Charleston Cookie Company Issues Allergy Alert on Undeclared Butter in Almond Cookies Produced for Dean & Deluca
  • November 30, 2009 – La Espiga De Oro, Inc. Issues Allergy Alert on Undeclared Whey in Flour Tortillas
  • November 27, 2009 – Diamond Pet Foods Announces Recall of Premium Edge Adult Cat and Premium Edge Hairball Cat Food
  • November 25, 2009 – Vita Food Products, Inc. Issues an Alert Announcing Undeclared Wheat in ELF Branded Herring in Sour Cream
  • November 25, 2009 – Stryker Corporation’s Instruments Division Issues Worldwide Class 1 Recall of 23 Operating Room System II Surgical Navigation Systems; Catalog numbers 7700-100-000 and 7700-101-201
  • November 24, 2009 – Rikki USA, Inc.Re-Issues Allergy Alert on Undeclared Shrimp in Toi Sauce Thai Red Curry (Panang) produced for the Siamrica Co. to Correct Lot Number
  • November 22, 2009 – Timco Worldwide Inc. issuance of a voluntary recall of Large Seedless Watermelons because of possible health risk
  • November 20, 2009 – Five Crowns Marketing Voluntarily Recalling Cantaloupes Packed under the Majesty Label Because of a Potential Health Risk Due to Possible Contamination of Salmonella
  • November 20, 2009 – Unilever Issues Nationwide Allergy Alert on Undeclared Sulfites in Certain Shedd’s Country Crock® Chilled Side-Dish Products
  • November 19, 2009 – Service Smoked Fish Corp. Recalls Smoked Nova Salmon Because of Possible Health Risk
  • November 19, 2009 – Fresh & Easy Neighborhood Market Issues Allergy Alert on Undeclared Pecans in Mislabeled Fresh & Easy Pumpkin Cheesecake Pies
  • November 19, 2009 – P&G Voluntarily Recalls Specific Lots of Vicks Sinex Nasal Spray in the United States, Germany and the United Kingdom
  • November 18, 2009 – Nassau Candy Issues Nationwide Allergy Alert Because Of Possible Undeclared Allergens on their Tasty Dish Snack Tubs of Chocolate Almonds, Chocolate Raisins and Sour Neon Worms
  • November 17, 2009 – SNACKS ON RACKS, INC. Issues Nationwide Allergy Alert because of Undeclared Allergens in Their Gourmet Snacks Pack Product Line
  • November 17, 2009 – Cardiovascular Systems ViperSheath Sheath Introducer – Recall
  • November 17, 2009 – Superior Foods Co. Issues Allergy Alert On Undeclared Allergens in Fish Product
  • November 16, 2009 – Cardiovascular Systems Initiates Voluntary Recall of ViperSheathTM Sheath Introducer
  • November 13, 2009 – Cardiac Science Notifies AED Customers of Nationwide Voluntary Medical Device Correction
  • November 13, 2009 – Conagra Foods Issues Nationwide Allergy Alert on a Limited Number of 15 oz. Tubs of Blue Bonnet Light Spread
  • November 12, 2009 – Synthes USA, Ti Synex II Vertebral Body Replacement – Class I Recall
  • November 12, 2009 – IDS Sports Conducts a Voluntary Nationwide Recall of Bromodrol, Dual Action Grow Tabs, Grow Tabs, Mass Tabs, and Ripped Tabs TR
  • November 12, 2009 – GMP Herbal Products, Inc. Issues a Voluntary Nationwide Recall of a Weight Loss Supplement Found to Contain Undeclared Drug Ingredients
  • November 09, 2009 – Edwards Lifesciences CardioVations EndoClamp Aortic Catheter – Class 1 Recall
  • November 09, 2009 – RockHard Laboratories Issues a Voluntary Nationwide Recall of Specific Lots of RockHard Weekend marketed as Dietary Supplement
  • November 06, 2009 – Hospira Issues Nationwide Voluntary Recall of Certain Lots of Liposyn™ and Propofol Products That May Contain Particulate Matter
  • November 05, 2009 – FDA Health Alert for Certain Pet Treats Made by Pet Carousel
  • November 04, 2009 – Jelly Belly Issues Allergy Alert on Undeclared Peanuts in 7.5oz cylinder-style packages of 49 Flavors Jelly Belly jelly beans
  • November 04, 2009 – Centurion Medical Products – Premie Pack and Meconium Pack – Recall
  • November 04, 2009 – PetSmart Voluntarily Recalls Dentley’s Beef Hooves
  • November 03, 2009 – American Regent Expands Voluntary Recall to Include All Lots of Ketorolac Tromethamine Injection, USP 15 mg/mL; 1mL Single Dose Vial
  • November 03, 2009 – BODYBUILDING.COM Is Conducting a Voluntary Nationwide and International Recall of 65 Dietary Supplements That May Contain Steroids
  • November 03, 2009 – Pelican Bay Ltd. Issues Nationwide Allergy Alert on Undeclared Tree Nuts in Caramel Chocolate Truffle Hot Chocolate Mix
  • November 03, 2009 – Charleston Cookie Company Issues Allergy Alert on Undeclared Butter in Almond Cookies Produced for Dean & Deluca

Amazing.

So this brings us to the topic of food safety regulation in the U.S., or lack thereof. In July, a bill was passed by the House that gave the FDA the power to order food recalls and require facilities to have a food safety plan. The bill will make its way to the Senate sometime next year, but it remains questionable that, if passed, the new law will actually have an effect on the current ways in which food is prepared, handled and packaged for sale.

From sour cream to jelly beans to beef and diet drinks, food recalls are increasing at an alarming rate and slow-moving regulations are not giving the consumers confidence in what makes it’s way to the dinner table or lunch box.

New Food Safety Rules on the Way

A long-overdue overhaul of U.S. food safety regulations looks to be inevitable after a Senate committee recently approved a bill to increase the federal government’s oversight of the food industry.

According to the Centers for Disease Control and Prevention, 76 million people in the United States get sick, 300,000 are hospitalized and 5,000 die from foodborne illnesses each year. And in recent years, disease outbreaks in contaminated peanut butter, peppers, tomatoes, ground beef and spinach, to name only a few, have made headlines and have led consumer groups to demand reform of the country’s ineffective food safety regulations. 

The bill, which was approved by the House in July, will give the FDA the power to actually order food recalls (rather than merely recommending them as it can do now), increase inspection rates and require facilities to have a food safety plan. The legislation would also mandate inspections of all food processing plants every four years and high-risk plants every year. Currently, there is no regular schedule for food facilities.

There is some question as to how all this increased oversight will be paid for, but Sen. Tom Larkin (D-IA), chairman of the Senate Health, Education, Labor and Pensions Committee, which approved the bill, doesn’t think this is a deal-breaker.

“If this is for public protection, it’s something we should all pay for,” he said.

Sen. Christopher Dodd (D-CT), a member of the committee, underlined the bill’s importance. 

“There are very few things that are as important as ensuring that the food we eat and the food we serve our families is safe for consumption,” said Dodd.

Despite the bill’s support, it is likely that it won’t come to full vote in the Senate until next year after the health care debate has been decided.