A troubling discovery has emerged regarding the presence of recalled infant formula on store shelves. During a routine grocery trip just before Christmas, a shopper spotted a can of ByHeart powdered infant formula at a Kroger store, despite a nationwide recall initiated on November 11, 2025. This incident has raised serious concerns about compliance with recall protocols among major retailers.
The shopper noticed the can with a recall notice taped underneath and promptly reported it to experts and the media. Food safety attorney Bill Marler, who represents families affected by infant botulism linked to ByHeart formula, expressed disbelief at the situation. On the same day, Marler was amending complaints against the retailers, claiming they failed to act swiftly enough to remove the product from their shelves.
Kroger responded to the inquiry by stating that upon issuing the recall, they removed the affected product and implemented measures to prevent its sale. However, the company did not clarify why the formula remained on the shelf. This incident is not an isolated case. On December 12, the U.S. Food and Drug Administration (FDA) issued warning letters to Kroger, Target, Albertsons, and Walmart after inspectors discovered the recalled formula available for sale across 36 states.
Problems with removing recalled products from shelves have been noted before. In 2022, the Consumer Product Safety Commission (CPSC) fined TJX, the parent company of TJ Maxx, HomeGoods, and Marshalls, $13 million for selling over 1,200 units of recalled items, including hazardous infant sleepers. A spokesperson for TJX emphasized their commitment to product safety but acknowledged lapses in their recall processes between 2014 and 2019.
The CPSC’s acting chairman, Peter Feldman, highlighted the ongoing challenges retailers face in ensuring recalled products do not remain available for sale. He noted that sometimes stores may not effectively communicate recalls to all staff or may bypass compliance measures. For instance, some retailers have reportedly shut off inventory control systems during busy periods, allowing recalled items to be sold.
Both the CPSC and FDA conduct recall effectiveness checks to ensure compliance, but these checks do not occur in every case. The CPSC has a dedicated team that monitors online marketplaces for recalled goods, issuing over 33,000 takedown orders in the past three months alone, a significant increase from the previous year.
Particularly vulnerable to resale are categories like baby products, which tend to be durable yet used for a short time. Feldman advises parents to check the CPSC website for recalls before purchasing secondhand items. CPSC recalls are on the rise, with 357 recalls recorded in fiscal year 2025, up from 238 in 2020.
The ByHeart recall stemmed from an investigation by the California Department of Public Health, FDA, and the Centers for Disease Control and Prevention, which linked several cases of infant botulism to the formula. As of December 17, 51 infants across 19 states had been affected, all requiring hospitalization. Fortunately, no fatalities have been reported, largely due to the availability of Baby Botulism Immune Globulin intravenous (BabyBIG) treatment, although recovery for affected infants can be lengthy and challenging.
Frank Yiannis, former FDA deputy commissioner of food policy and response, criticized the delayed response to the initial recall, noting that it took three days to broaden the recall from two lots to all lots. This lag likely contributed to confusion among retailers. He advocates for the use of technology, such as RFID tags, to enhance product tracking and streamline recall processes.
ByHeart has expressed regret regarding the distress caused by the recall, stating they are conducting an audit of their supply chain to identify contamination sources. They continue to urge parents to monitor their infants for symptoms of botulism.
As the landscape of food safety continues to evolve, the responsibility of ensuring recalled products do not remain on store shelves falls on both manufacturers and retailers. The challenges illustrated by this incident underscore the need for enhanced vigilance and accountability in the food supply chain.
