Mini fruit gel sweets containing Konjac potential choking hazard
Friday 14 December 2001
Category B: 'For Action'
Directors of Trading Standards and Heads of Environmental Health will recall that in August this year an FSA Statement warning of the choking hazard of the above sweets was put on the FSA website and a letter issued to food authorities.
This followed concerns expressed by the US and Canada over the hazard that these products may present following a number of deaths around the world from children choking on these sweets.
Since August, the FSA has undertaken further work on assessing the risk posed by these products and has recently been alerted to action taken by the Canadian Food Inspection Agency (CFIA) to recall these products. Australia and France have also adopted a similar course of action, while the US has prohibited imports of the sweets.
Choking hazards from foods are not covered by the Food Safety Act 1990 but are covered by the provisions of the General Product Safety Regulations 1994, which implement the General Product Safety Directive. The Regulations were made under section 2(2) of the European Act 1972 with guidance on their enforcement provided by the Department of Trade and Industry. Under these Regulations, products may be removed from the market if they are deemed to be unsafe. A safe product is defined as 'any product which under normal or reasonably foreseeable conditions of use presents no risk, or only the minimum risks, compatible with the product's use and which is consistent with a high level of protection for consumers taking into account the categories of consumers at serious risk when using the product, in particular children'.
Description of Products
Brand Name: The products have numerous names. The FSA is aware of the following brands:
- ABC Mini Fruit Bites
- New Choice Mini Fruit Gels
- Rolin Mango Jelly Cup
The Canadian Food Inspection Agency (CFIA) website (www.inspection.gc.ca) has a comprehensive list of products on offer in Canada. However, it is possible that other brand names and varieties exist and may be available in the UK.
Appearance: Individual jellies are about the size of a coffee creamer, dome shaped and have a diameter of about 30mm tapering to 20mm at the top. They have a rounded edge and are sealed with a foil lid. Some varieties of the sweets contain a fruit flavoured hard gum. Konjac (which may also be identified as glucomannan, konyak, konjac gum, Konyac, conjac, konnyaku or konnuyaku) is a key ingredient in the products in question.
The sweets are sold in various package sizes (e.g bags, plastic jars etc.) or individually. Some packets may be overlabelled with precautionary advice. Pictures of products known to the FSA are available below and on the LACORS website.
Distribution: National. Distribution details are not clear but the products are sold in a wide variety of outlets.
Action taken by the Food Standards Agency
The FSA has sought advice from the Department of Health on the safety of these products, and has commissioned an assessment of the sweets at LGC (Teddington) Ltd. It has also received information and opinion from other countries. Based on the information gathered and the advice given by the Department of Health, the FSA believes that the mini cup sweets containing konjac are not suitable for sale on the UK market because they present a choking hazard due to their size, shape, consistency and solubility. Some of these products contain a small piece of fruit that may also present a hazard. The FSA and the DTI take the view that these sweets should be removed from sale.
Known importers, distributors and retailers of the products will be contacted directly by letter by the FSA to inform them of the advice contained in this FHW and to advise them to withdraw the products from sale. A press release will be issued to warn consumers of the potential hazard.
Action by Enforcement Authorities
Importers, distributors and retailers of these products should be identified, contacted or visited and advised that the FSA and the DTI take the view that these products should be removed from sale. The sweets are widely available, particularly in cash and carry premises and smaller shops. Enforcement officers should also be prepared to take formal enforcement action under the General Product Safety Regulations 1994 where products are not withdrawn voluntarily.
In addition to the press release issued by the FSA, local media coverage is encouraged and should specify action taken at local level. However, before contacting local media, enforcement authorities should refer to the DTI Guidance on Powers of Enforcement Authorities to issue Press Releases Relating to Product Safety.
Any formal enforcement action under the General Product Safety Regulations should be notified to the DTI in the usual way.
The FSA will update enforcement authorities, as necessary, if any further information becomes available.
See also
(Image 39KB)
(Image 31KB)
(Image 48KB)