Dangerous Products Persist on Shelves Despite Recalls

Concerns about consumer safety have intensified following the discovery of recalled products still available on store shelves. During a routine shopping trip in December, a journalist found ByHeart powdered infant formula at a local Kroger, despite a recall announced on November 11, 2025. The formula had been linked to cases of infant botulism, raising alarms among food safety advocates and legal experts.

The formula’s presence on the shelf prompted immediate reactions from food safety attorney Bill Marler, who is representing families affected by the botulism cases. Marler stated, “This is nuts,” highlighting the negligence in removing the dangerous product from retail locations. That same day, he was filing amended complaints against retailers, asserting they had not acted quickly enough to ensure public safety.

Kroger’s response to the incident emphasized its commitment to compliance with FDA guidelines. A spokesperson indicated that the company had removed the affected product promptly when the recall was issued, implementing a block at the point of sale to prevent sales of the recalled item. However, the spokesperson did not clarify why the product remained on the shelf after the recall.

The FDA had sent warning letters to Kroger, along with other major retailers such as Target and Walmart, after inspections revealed that recalled ByHeart products were still being sold in stores across 36 states. This incident reflects a broader issue facing retailers regarding the removal of recalled items. In 2022, the Consumer Product Safety Commission (CPSC) penalized TJX, the parent company of TJ Maxx, HomeGoods, and Marshalls, with a civil penalty of $13 million for selling over 1,200 recalled products, including dangerous infant sleepers.

CPSC acting chairman Peter Feldman noted that the problem of recalled products remaining on store shelves is not uncommon. Retailers often struggle with effectively communicating recall notifications to employees or may take a lax approach to compliance. He explained that certain practices, such as disabling inventory control systems during busy sale periods, can lead to the accidental sale of recalled goods.

The CPSC and FDA conduct recall effectiveness checks to ensure that recalled products are not sold to consumers. However, these checks are not performed in every case. The CPSC has also established an ESAFE team dedicated to monitoring online sales of recalled goods, which has significantly increased its takedown orders in recent months. In just three months, they issued 33,000 takedown orders, a 150% increase from the previous year.

The increase in product recalls, especially in sensitive categories like baby products, has raised concerns about monitoring capacity. In fiscal year 2025, the CPSC reported 357 recalls, a substantial rise from 238 in 2020. This trend highlights the need for enhanced regulatory oversight, particularly for high-risk items such as infant formula.

The ByHeart recall was initiated after a collaboration between the California Department of Public Health, the FDA, and the Centers for Disease Control and Prevention (CDC) revealed a spike in infant botulism cases linked to the formula. Testing confirmed the presence of botulinum spores in several cans, prompting urgent action. ByHeart recalled all lots of its Whole Nutrition powdered infant formula, emphasizing the need for consumer vigilance.

Infant botulism can lead to serious health issues, as spores of the botulinum bacteria can colonize an infant’s underdeveloped gastrointestinal tract and produce a harmful toxin. Symptoms may take weeks to manifest and can escalate to severe muscle weakness and loss of head control. As of December 17, the FDA reported that 51 infants in 19 states had been affected, all requiring hospitalization, although no fatalities were recorded.

In light of these developments, experts like Frank Yiannis, former FDA deputy commissioner, emphasized the need for more effective recall processes. Yiannis criticized the slow response to the ByHeart recall, noting that the company initially recalled only two lots before expanding the recall days later, which contributed to confusion among retailers and consumers. He advocated for the implementation of advanced technologies, such as RFID tags, to improve product tracking and removal from shelves.

In a recent statement, ByHeart expressed its regret over the distress caused by the recall and announced a temporary halt to production while it audits its supply chain for potential contamination sources. The company urged parents to remain vigilant for signs of infant botulism.

Consumer safety advocates, including Sandra Eskin, CEO of Stop Foodborne Illness, voiced concerns about the reliability of companies in executing recalls. She stressed that the failure of manufacturers and retailers to effectively manage recalled products poses a significant risk to public health.

As consumers navigate the complexities of product recalls, it remains essential to stay informed about safety alerts and take proactive measures to verify product safety, especially for sensitive items like infant formula.