• On October 11, 2024, Costco issued a recall for nearly 80,000 pounds of its Kirkland Signature butter due to a labeling oversight.  Milk, classified as one of the nine major allergens that the U.S. Food and Drug Administration (FDA) requires to be declared on product packaging, was not included on the ingredient list.  The recall included 46,800 pounds of Kirkland Signature Unsalted Sweet Cream Butter and 32,400 pounds of  Kirkland Signature Salted Sweet Cream Butter.
  • The Food Allergen Labeling and Consumer Protection Act of 20024 (FALCPA) identified eight foods as major allergens: milk, eggs, fish, crustacean, shellfish, tree nuts, peanuts, wheat, and soybeans.  The Food Allergy Safety, Treatment, Education, and Research (FASTER) Act of 2021 added sesame as the ninth major food allergen.  These laws require all food labels to identify the source names of all major food allergens.
  • The recall has gained attention across social media platforms with consumers commenting that it should be obvious that butter contains milk.  However, the purpose of allergen labeling is to help consumers with allergies avoid consuming products with hidden allergens. For those with Milk allergies, consuming products with undeclared milk ingredients can lead to serious health risks, including allergic reactions that may require medical attention. 
  • Consequently, on November 7, 2024, FDA classified the recall as a Class II recall, indicating that the product may cause temporary or medically reversible adverse health consequences.
  • Social media commentary aside, adhering to allergen labeling requirements is critical in ensuring consumer and product safety.
  • Keller and Heckman will continue to monitor and report any significant recalls.