Lance's Corner

FDA Issues Guidance on Recall Process

May 13, 2025

Per the notice below, the United States Food and Drug Administration (FDA) has issued guidance on its recall process for various products.

FDA 101: Product Recalls

What Is a Recall?

A recall is an action taken by a company to correct or remove from the market an FDA regulated product that violates U.S. laws and regulations.  Recalls may be initiated voluntarily by a company, or at the request of the FDA.  Recalls are important because they protect the public from products that may cause injury, illness or even death.  More than 83,000 FDA regulated products were recalled between 2014 and 2024.  Most recalls involve removing violative FDA regulated products from the market, but there are instances where a violation can be corrected without removing the products from distribution.  For example:

  • An MRI machine or other equipment may be too large to remove from a medical facility to correct a violation and the issue could be corrected on-site.
  • Affixing updated labeling on a food product, prior to retail sale, to declare an ingredient previously not listed on the product’s labeling - such as wheat, milk or peanuts.

FDA-Regulated Products

  • Human food products
  • Animal food and feed
  • Cosmetics
  • Human drugs
  • Animal drugs
  • Medical devices
  • Radiation-emitting products
  • Vaccines
  • Blood and blood products
  • Transplantable human tissue
  • Tobacco products

Common reasons a product may be recalled are:

  • Manufacturing defects;
  • Contamination with disease causing microorganisms such as Salmonella, E. coli, etc.;
  • The presence of foreign objects such as broken glass, metal fragments, or plastic;
  • Failure to list a major allergen;
  • Failure to list a certain ingredient;
  • Risk of erroneous results when a product is used as directed, e.g., diagnostic testing product results being inaccurate;
  • Non-sterile product intended to be sterile;
  • Adverse event reports;
  • Software corrections or updates.

Where Can Consumers Find Information About Recalls?

Enforcement Report: The FDA provides the public a descriptive listing of each new recall and, if classified, sorted by the recall’s classification in the FDA’s Enforcement Report.

Subscribe: The FDA offers a recall subscription service where users can sign up to receive daily or weekly notification of all FDA recalls.

Public Warnings: are an effective way for companies or the FDA to alert the public that a product being recalled presents a serious health hazard.  The FDA maintains a site, Recalls, Market Withdrawals, & Safety Alerts, of public warnings about certain recalls of FDA-regulated products.  When a company announces a recall, market withdrawal, or safety alert, the FDA typically posts the company's announcement on its website as a public service.  The FDA does not endorse either the product or the company.

Recalling Company: The company initiating the product removal or correction generally issues a recall notification to their direct distributors or customers.  This notification contains information to help identify recalled products, such as the product description, brand or name; size and type of packaging; UPC (universal product code); other product codes, such as lot codes, sell-by dates, or use-by dates; pictures of the packaging and labels; and distribution information (e.g., the states and/or stores in which they were sold).  The notification may also explain the reason for the recall and instruct the company’s direct customers what actions to take including notifying their customers if they have further distributed the product.

Other government agencies: A consolidated list of recalls from six federal agencies can be found at www.recalls.gov.

What Should Consumers Do if They Believe They Have a Recalled Product in Their Possession?

Follow recall notification instructions: Read the recall notice carefully and verify the product description such as brand name, packaging size, and codes such as expiration or best by dates to determine whether your product has been recalled.  Be sure to follow any product-specific instructions.  Additionally, contact the company for further information.

  • Often, recalled products can be returned to the store where they were purchased.
  • A medical device recall does not always mean that you must stop using the product or return it to the company.  A recall sometimes means that the medical device needs to be checked, adjusted, or fixed.  Contact your health care provider for additional guidance.
  • If you cannot return a product, dispose of the product properly.  If it’s contaminated, ensure it is in a secure container and place the item in a covered trash can or dumpster so no people or animals can access it.  Be sure to follow your local disposal laws.
  • Clean the area where the product was stored.
  • Do not give the product to others, such as a food bank or a pet.

Product-specific information about recalls and enforcement actions can be found at FDA center webpages responsible for that product:

The Human Foods Program

Center for Devices and Radiological Health

Center for Drug Evaluation and Research

Center for Veterinary Medicine

Center for Tobacco Products

Center for Biologics Evaluation and Research

What Should Consumers Do if They Suspect an FDA Regulated Product Made Them or Their Pet Sick or Injured?

Consumers experiencing an illness, injury, allergic reaction, or other adverse event should contact their health care provider or veterinarian.  Consumers can also report product issues to the FDA and the company that distributed the product.  Consumers are encouraged to report issues involving FDA regulated products through FDA’s SmartHub.  Additional guidance on how to report issues with products can be found here: https://www.safetyreporting.fda.gov/smarthub.  FDA also encourages reporting by health professionals, patients, and consumers about a product via MedWatch -- The FDA Safety Information and Adverse Event Reporting Program.  Reporting can be done online, by phone, or by submitting the MedWatch 3500 form by mail or fax.  Visit the MedWatch How to Report page for more details.  Recalls are put in place to keep you and your family safe.  If you think you have a recalled product, don’t use it.  Check the instructions and take action!  If you feel sick after using a product, contact your doctor and report the issue to the FDA.

USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc