FDA Issues Recall of Dessert Pies Which Could Prove Fatal if Eaten

The U.S. Food and Drug Administration (FDA) warned shoppers to steer clear of specific batches of an egg custard pie, which could cause "serious life-threatening allergic reactions."

The warning comes amid Publix Super Markets, Inc.'s voluntary recall on specific batches of the private label product. Branches of Publix in Monroe, Miami-Dade, Broward and Palm Beach have been named as the stores affected between October 20 and November 16, before the supermarket chain pulled the pie, which has a Global Trade Item Number of 4141537891, off the shelves.

The egg custard pie package is said to potentially contain an undeclared coconut allergen, which has been cited as the reason behind the mass recall.

An FDA announcement, published on November 21, warned Publix shoppers: "The Egg Custard Pie package may contain a coconut pie. People who have an allergy or severe sensitivity to coconut may run the risk of serious life-threatening allergic reactions if they consume these products."

Publix's director of communications, Maria Brous, told the FDA: "As part of our commitment to food safety, potentially impacted products have been removed from all store shelves.

"To date, there have been no reported cases of illness. Consumers who have purchased the product in question may return the product to their local store for a full refund.

"Publix customers with additional questions may call our customer care department toll-free at 1-800-242-1227."

The communications director went on to urge affected shoppers to visit the Publix website if they have any further concerns.

The FDA deems Publix to be the largest employee-owned company in the U.S. with more than 250,000 associates and 1,358 stores in operation in Florida, Georgia, Alabama, Tennessee, South Carolina, North Carolina and Virginia.

The Law, Publix and Food Allergens

The supermarket chain came under fire in 2014, when an 11-year-old boy died of anaphylactic shock shortly after eating a cookie from a Publix store in Clarksville.

Derek "Landon" Wood, from Sterrett in Alabama, had been living with a serious nut allergy since the age of four, but he and his mother, Beth Cline, were reassured by a store associate that the cookie didn't contain any tree nut allergens.

The product's packaging hadn't been marked as containing a food allergen, but the child and his mother were keen to double check before purchasing and unknowingly consuming the biscuit.

The child's family filed a lawsuit following his death, which called into question whether a grocery store's bakery should label all of its products, many of which are made entirely off the bakery premises.

Publix responded by filling a motion to get the case dismissed, but in 2015 a U.S. district judge denied that motion on the grounds that the family's case had sufficient merit to be reviewed.

By February 2017, an undisclosed settlement was reached in the lawsuit and ultimately the case did not go to trial.

According to the FDA, the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) "addresses, among other issues, the labeling of foods that contain certain food allergens." The law requires all food labels in the U.S. to list ingredients that may cause allergic reactions. However, the legislation only specifies eight major food allergens.

In the U.K, new legislation was implemented in 2021 to require businesses to label all food that is pre-packed for district sale with a full list of ingredients and 14 allergens emphasized in bold.

The U.K's law came into effect after 15-year-old Natasha Ednan-Laperouse died of a severe allergic reaction on a flight from London to Nice, after consuming a baguette from Pret a Manger that she believed was free from allergens due to misleading packaging.

It's a tragic fate that Publix have been eager to avoid with their mass recall of the pie.

Newsweek reached out to spokespeople at Publix and the FDA for comment via LinkedIn and email prior to publication.

The FDA sent over the following statement from an official after the publication of this news: "When a company announces a recall, market withdrawal, or safety alert, the FDA posts the company's announcement so that the agency can expand the reach of the announcement and alert as many people as possible.

"At this time, the agency does not have any additional information to share about the recall, but we encourage you to reach out to the company directly for comment. As a reminder, consumers should not consume recalled products.

"Consumers who have symptoms should contact their health care provider to report their symptoms and receive care. To report a complaint or adverse event (illness or serious allergic reaction), you can call an FDA Consumer Complaint Coordinator if you wish to speak directly to a person about your problem, complete an electronic Voluntary MedWatch form online, and cmplete a paper Voluntary MedWatch form that can be mailed to FDA."

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Update 11/24/23, 05:58 a.m. ET: This article has been updated with new comment from the FDA.