Copacker Packaging Error – is a Product Recall required?

Hi, all!

LTL here (Long time lurker)

We are a copacker for another company. Their packaging has an ingredients list and a contains statement. There is an allergen listed in the ingredients that isn't listed in the contains statement. Product in this packaging has been sent to distribution centers. 

Based on my research, it looks like a recall needs to be initiated. Would you all agree?

If so, who is responsible for initiating the recall? 

Any insight is appreciated. 

We are in the US. 

Hi bkrjones,

You should check with the company you are packing for before doing anything.

From Questions and Answers Regarding Food Allergens, Including the Food Allergen Labeling Requirements of the Federal Food, Drug, and Cosmetic Act (Edition 5): Guidance for Industry

Figure 2. Example of snack bags declaring the major food allergen “wheat” in the ingredient list or in the “Contains” statement. In this situation, wheat flour is used as an anticaking agent in the “spices” ingredient, and it is an incidental additive in the finished chips products. In the image to the left, wheat is declared in the ingredients. In the image to the right, because wheat is not declared in the ingredient list, it must be declared in a “Contains” statement (section 403(w)(4) of the FD&C Act).

Labeling Requirements of the Federal Food, Drug, and Cosmetic Act P8.png   833.23KB   0 downloads

Kind regards,

Tony

2025

I agree with TonyC. Contact the company, let them know what you found and ask for their feedback/advice.  Are you an FDA facility or a USDA facility? If you have USDA, your inspector might be of help--after you reach to the company you co-pack for.

We are an FDA facility. 

The product contains almond flour and almond meal, which are listed in the ingredients. The contains statement does not mention tree nuts or almonds. It's extra annoying because this is an updated version of the packaging, and the original version did state Contains: ..., tree nuts (almonds). Gah!

We have contacted the company.

I see that Gerber did a recall in 2017 for the problem I am describing:

https://www.fda.gov/...pasta-pick-upsr

As well as Hostess in 2018:

https://www.fda.gov/...-creme-brownies

You never mentioned what the product is! Could it be obvious that it contains almond flour? What does the label/name say?