Recall of products containing mustard powder which may be contaminated with peanuts

The Food Standards Agency is working with allergy awareness charities, manufacturers and retailers to raise awareness of a suspected contamination at source of a key ingredient in numerous food products.

In early October 2024 FGS Ingredients Ltd halted the distribution of mustard and mustard-related products, following reports of a peanut contamination in certain batches of mustard which had been supplied to the company by an India-based supplier.

Since then, FGS Ingredients Ltd has been working closely with the Food Standards Agency and Leicester Council’s Environmental Health team. The investigation continues both in the United Kingdom and in India with the Indian counterparts of the Food Standards Agency.

Initially, the recall related to seasoning, sauces and readymade food such as salads and sandwiches which were sold under various brand names at various retailers. Recently, the recall has been expanded to include cook at home food products sold by several well-known supermarkets.

Over 100 products have been identified to date, with the Food Standards Agency issuing regular updates.

Mustard itself is an allergen and should appear on the label of products. Contamination with peanuts will not be so labelled and so might be unwittingly ingested by a peanut allergy sufferer. So, the current focus is on recalling products and raising awareness.

FGS Ingredients Ltd has issued a statement and the Food Standards Agency has enlisted the help of allergy charities to raise awareness of the issue.

Retailers are displaying notices in-store and customers who have already bought the affected products are advised not to use them and return them to store for a full refund.

Looking further ahead, the legal consequences of this alleged contamination are complex.

Depending on the outcome of the ongoing investigation, the risk of personal injury might be sufficient to justify criminal proceedings.

If a person(s) were to suffer an allergic reaction, a compensation claim may follow against the retailer from whom the person bought the product. That claim would likely be directed up the chain to FGS Ingredients Ltd and they would direct it to their Indian supplier. Insurers for each company in the supply chain would have an interest.

Retailers who have invested many thousands in purchasing products now thought to be contaminated may have breach of contract claims. Such claims depend on the terms of the contract but there is case law to support such claims. No doubt all commercial entities involved are considering their options and checking their insurance policies.

The non-legal consequences for FGS Ingredients Ltd are not straightforward too. A family run business established 74 years ago, it states it has never previously been involved in any food contamination incident before. One can only imagine the stress the owners of the company are feeling as they deal with the Food Standards Agency, their suppliers and the companies who have bought their products and are now likely seeking refunds.

This developing situation highlights the need for all commercial entities to have a clear product recall plan, cast-iron contracts and sufficient insurance in place.