Buyers should know: dangerous products can linger on store shelves even after a recall is announced. The ByHeart example demonstrates how difficult it is to quickly remove such items from sale and the health risks this creates for children.
During pre-holiday shopping at Kroger I noticed ByHeart infant powder mix with a recall label from November attached under the product. I took a photo and sent it to the editor and several food-safety experts for thoughts on the situation.
Experts answered with equal candor:
“This is nonsense.”
regarding that such products continue to be sold.
After that, Kroger’s press office responded with the following statement:
“When the recall was announced, we promptly removed the affected product and immediately placed a block at the point of sale to make purchasing the recalled product impossible. These measures are part of Kroger’s internal recall protocol, which ensures compliance with FDA directives to protect consumers.”
FDA and CPSC summarized the situation: Kroger was one of four companies, along with Target, Albertsons, and Walmart, that on December 12 received a warning after inspectors found ByHeart jars and single-serve packs for sale in 36 states, even though all lots of the product had been recalled.
In 2022, the Consumer Product Safety Commission levied a civil penalty of $13 million against TJX (which owns TJ Maxx, HomeGoods and Marshalls) for selling more than 1,200 units of recalled products, including baby sleepers that were known to be potentially dangerous, according to a then-member of the CPSC.
Feldman stressed that regulators and retailers often struggle to communicate information to employees or to maintain compliant practices. He also noted that regulators and retailers should apply stricter technological solutions, including disabling sales to prevent the sale of recalled products.
“When the CPSC recalls a product, its sale becomes illegal.”
Frank Yannis noted that using modern technologies, including RFID tags, could give stores tighter control over goods. Regulatory initiatives for tracking foods and enhanced testing for heavy metals and other contaminants in infant formulas were also discussed, and the ESAFE CPSC team continues to oversee online platforms and demand recall removal from sale.
“We live in an era when new technologies are emerging that allow us to do this better than we can today.”
ByHeart, in its updates, assured that all batches of infant powder formula had been recalled, apologized for consumers’ distress, and announced a production pause for a supply-chain audit. They also encourage parents to monitor for signs of botulism in infants and to seek medical help if needed.
“First and foremost, we sincerely regret the distress and challenges this incident has caused for our customers, partners, retailers, and everyone connected with the ByHeart brand.”
Overall, these events highlight that recalls are a last line of defense, but if applied improperly, the health risks to children remain high. Consumers should check information on official regulator websites before purchasing infant formulas or other sensitive products.
Post-Recall Oversight: Lessons for Retailers
U.S. regulators continue to strengthen recall monitoring and improve procedural steps to more quickly identify and remove dangerous products from stores and online platforms, as well as to implement product-tracking technologies.
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