The referral follows a September 2024 recall of the retailer’s Deli Hummus range, triggered by laboratory confirmation of the harmful bacterium. Listeria poses serious health risks, particularly to vulnerable groups including pregnant women, the elderly and immunocompromised consumers.
For retailers, the case underscores the shared liability embedded in South Africa’s consumer protection framework.
Under the Consumer Protection Act (CPA), producers, distributors and retailers are jointly responsible for ensuring that products sold to consumers are safe, of good quality and compliant with applicable standards.
The NCC’s investigation found that the presence of Listeria indicated that BM Foods had supplied goods that were unsafe for consumption, potentially contravening multiple provisions of the CPA as well as hygiene regulations under the Foodstuffs, Cosmetics and Disinfectants Act.
Acting commissioner Hardin Ratshisusu emphasised the broader implications for the sector, stating that suppliers of food products are obligated to ensure safety and that violations must be addressed through regulatory enforcement.
The NCC is seeking an administrative fine of R1m or up to 10% of BM Foods’ annual turnover, whichever is higher — a move that signals increased regulatory willingness to impose meaningful penalties.
Beyond financial exposure, the case highlights the reputational risks for both suppliers and retailers. Product recalls, particularly those linked to food safety, can erode consumer trust and disrupt supply chains.
For retail businesses, the incident reinforces the importance of stringent supplier vetting, regular product testing and adherence to food safety protocols. As regulatory oversight tightens, proactive compliance is becoming a critical safeguard — not only to protect consumers, but to ensure operational continuity and brand integrity in an increasingly risk-sensitive market.
