The National Consumer Commission (NCC) has referred a supplier of ready-to-eat Hummus products, BM Foods Manufacturers (Pty) Ltd (BM Foods), to the National Consumer Tribunal (Tribunal) for adjudication following the detection of Listeria monocytogenes in products that were supplied to Shoprite Checkers.

This referral follows a recall initiated by Shoprite Checkers in September 2024, affecting its Deli Hummus range, after laboratory testing confirmed the presence of the harmful microorganism Listeria monocytogenes. This microorganism poses serious health risks, particularly to pregnant women, the elderly, and individuals with weakened or compromised immune systems.

Following the product recall and initial assessment, the NCC initiated an investigation into BM Foods. The investigation was prompted by information that indicated that the supplier might have contravened the provisions of the Consumer Protection Act (CPA). The laboratory results confirmed the presence of the harmful microorganism Listeria monocytogenes.

The presence of the microorganism Listeria monocytogenes indicated that BM Foods produced and distributed hummus that was unsafe for consumption, thus contravening section 55(2)(a) – (d) read with 56(1) of the CPA and Regulation 10 of Regulation 638 of 2018 of the Foodstuffs, Cosmetics and Disinfectants Act (Regulation R638). Regulation R638 requires the person in charge to ensure that routine assessments are conducted to comply with the regulation’s hygiene requirements.

Section 55 of the CPA provides that every consumer has the right to receive goods that are reasonably suitable for the purposes for which they are generally intended, goods that are of good quality, in good working order and free of any defects, and comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.

In addition, section 56 (1) provides that: “In any transaction or agreement pertaining to the supply

of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or retailer as the case may be.”

The NCC’s Acting Commissioner, Mr Hardin Ratshisusu, said that: “Suppliers of foodstuffs have an obligation under the CPA and applicable regulations to supply goods that are safe and do not pose a risk to consumers. It is therefore important that where there are findings of the violation of the CPA, implicated suppliers are held accountable before the Tribunal.”

The NCC has referred this matter to the Tribunal and has pleaded for the imposition of a fine of R1 000 000 00 (one million Rand) or 10% of BM Foods’ annual turnover, whichever is the highest.

Ends

Issued by: National Consumer Commission (NCC)

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