a day ago
Unsafe peanut butter recall ends in National Consumer Commission settlement with manufacturer
Consumers who unknowingly purchased contaminated peanut butter products can now see some accountability, as the National Consumer Tribunal (NCT) has imposed a R500 000 fine on House of Natural Butters for supplying impure and unsafe food to the South African market.
The NCT said in a media statement yesterday that a settlement agreement was entered into between the National Consumer Commission (NCC) and House of Natural Butters (Pty) Ltd, trading as Eden All Butters, on February 25. In terms of the settlement, House of Natural Butters agreed to pay an administrative fine of R500 000.
On Tuesday, the NCT confirmed the settlement agreement and made it a consent order in terms of section 74(1) of the Consumer Protection Act (CPA) 68 of 2008.
In February 2024, the NCC received peanut butter recall notifications from Dis-Chem and Pick 'n Pay due to elevated levels of aflatoxin found in certain peanut butter.
When engaging with the retailers, the NCC discovered that both had ordered their products from House of Natural Butters. The NCC then consulted with the manufacturer to understand their processes. The manufacturer informed the NCC that it also produced items for other suppliers. House of Natural Butters subsequently recalled all affected products through a series of product safety recalls, which commenced on February 2, 2024.
The NCC established that the affected products had higher than legally acceptable levels of aflatoxin, as set out under regulation notice 1145 (regulations governing tolerance for fungus-produced toxins in foodstuffs). Based on this information, the NCC initiated an investigation into the affairs of House of Natural Butters.
Aflatoxin, when consumed at higher than acceptable levels, may lead to health complications like nausea, vomiting and abdominal pain.
The investigation revealed that between May 11, 2023, and November 6, 2023, House of Natural Butters imported and supplied contaminated, decayed and impure peanuts, groundnuts and byproducts to South African consumers through various retailers.
The investigation concluded that the supplier's conduct was in contravention of regulation 3 of Regulation 638 of 20181 and regulation 2(b) of Regulation 1145 of 2004, read with section 2(1)(b)(i) of the Foodstuffs, Cosmetics and Disinfectants Act 1972, read with section 55(2)(b) and (d) of the CPA.
In granting the consent order, the tribunal noted that 'the respondent imported the products from Malawi and Zambia using trucks and trailers, via land borders and port entries. The trucks and trailers did not have the requisite certificates of acceptability required for the transportation of food. Further laboratory test results from various accredited food testing laboratories established that the products were contaminated, decayed and impure'.
The matter between the NCC and another manufacturer of peanut butter implicated in this issue is still ongoing.
The NCC's acting commissioner, Hardin Ratshisusu, says: 'The NCC welcomes this consent order as it brings this matter against House of Natural Butters to a finality. It is incumbent upon suppliers of food products in the South African market to ensure strict compliance with food safety regulations and the Consumer Protection Act.'
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