Unlike recalls, Public Health Alerts act as a rapid-response mechanism, allowing USDA to inform the public of potential risks when formal recall conditions aren’t met – or, when a company refuses to voluntarily recall an offending product. These alerts can be issued when a food product is suspected to be hazardous, even if no illness or injury has been definitively linked to it. In addition to coming into play when companies resist recalling products, we have also observed them being used when a product is no longer available on shelves, but may still pose a threat to consumers with leftover items in their homes.

The overall numbers tell a compelling story. While only four Public Health Alerts were issued in 2019, 2023 saw a jump to 24, covering issues ranging from pathogens to foreign materials and undeclared allergens. So far this year, there have been a total of food product 39 recalls, and USDA has issued a total of 14 Public Health Alerts. Given the increasing use by USDA of this new regulatory and public health tool, and statements from the agency that USDA finds the tool to be quite effective, we anticipate that the agency will continue to use Public Health Alerts more frequently.

Moving forward, it’s clear that Public Health Alerts will play an increasingly vital role in influencing industry’s recall decision-making process, and, from the agency’s perspective, protecting consumers. While the existence of food recalls will remain a key measure to protect consumers from potential adverse health consequences when suspect product is in the market, the growing use of this tool demonstrates that food safety regulatory and recall landscape continues to evolve.

So, be sure to inform your company’s leadership about this new and emerging public notification factor in food safety.  Even if a food safety issue does not rise to the level of, or would otherwise mandate, a voluntary recall announced by your company, USDA may nevertheless, without your permission, issue a Public Health Alert if the agency believes that something is wrong.   Thus, be sure to update your crisis management strategies to ensure that, if USDA publishes an alert naming your company, you are well positioned, from a PR standpoint, to adequately respond.