NCC recalls hummus over Listeria risk and refers supplier to national tribunal
A hummus recall has led to serious legal action. Here is what consumers need to know about the Listeria contamination and the push to hold food suppliers accountable.
In September 2024, Shoprite Checkers initiated a recall of its Deli Hummus range after laboratory testing confirmed the presence of Listeria monocytogenes in ready-to-eat hummus products supplied by BM Foods Manufacturers (Pty) Ltd
This harmful microorganism poses serious health risks, particularly to pregnant women, elderly people, and those with weakened or compromised immune systems.
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What action has the NCC taken against BM Foods?
Following the recall and an initial assessment, the National Consumer Commission (NCC) launched a formal investigation into BM Foods. According to the NCC, the investigation was prompted by information suggesting the supplier may have contravened the Consumer Protection Act (CPA).
The findings confirmed that BM Foods produced and distributed hummus that was unsafe for consumption, in violation of section 55(2)(a) to (d), read with section 56(1) of the CPA, as well as Regulation 638 of 2018 of the Foodstuffs, Cosmetics and Disinfectants Act.
What do the relevant regulations require of food suppliers?
Regulation 638 requires the person in charge of food production to conduct routine assessments to comply with hygiene requirements.
Section 55 of the CPA affirms that consumers have the right to receive goods that are suitable for their intended purpose, free of defects, and compliant with applicable standards. Section 56(1) further establishes that producers, distributors, and retailers each carry an implied warranty that goods meet these requirements.
What penalties could BM Foods face?
The NCC has referred the matter to the National Consumer Tribunal, seeking a fine of R1,000,000 or 10% of BM Foods' annual turnover, whichever is greater.
NCC Acting Commissioner Hardin Ratshisusu stated that food suppliers are obligated to provide safe goods and that those found to have violated the CPA must be held accountable before the Tribunal.
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