As a food industry lawyer, I like to closely track recalls of U.S. Department of Agriculture-regulated products. Each year, I watch with interest (and, sometimes, bewilderment) as a continuous stream of recalls float by. The reasons for recalls can vary wildly, involving issues ranging from the unavoidable presence of pathogens to the very avoidable presence of hydraulic fluid.
Between Jan. 1, 2000, and now, there have been a total of 1,782 recalls of USDA-regulated products. Of those, 1,306 have been Class I, 340 have been Class II, and 134 have been Class III. Generally speaking, a Class I recall involves a situation where there is a reasonable probability that the use of a product will cause “serious adverse health consequences.” A Class II recall involves a situation in which “the probability of serious adverse health consequences is remote.” A Class III recall involves a situation in which adverse health consequences are “not likely.” Thus, over the course of the last 20 years, USDA has erred on the side of caution and has characterized most recalls as Class I.