The National Consumer Tribunal has slapped a R500 000 administrative fine on House of Natural Butters, trading as Eden All Butters, after peanut butter products linked to the manufacturer were found to contain elevated levels of aflatoxins, which are toxic compounds that pose serious health risks to consumers.
This followed after a joint settlement agreement was reached between the National Consumer Commission (NCC) and House of Natural Butters on 25 February.
On 3 June, the tribunal confirmed the agreement and made it a consent order in terms of Section 74(1) of the Consumer Protection Act (CPA).
“The NCC welcomes this consent order as it brings this matter against House of Natural Butters to a finality,” said acting commissioner Hardin Ratshisusu.
“It is incumbent upon suppliers of food products in the South African market to ensure strict compliance with food safety regulations and the Consumer Protection Act.”
At the time, major brands including Black Cat, Yum Yum, Thokoman, and house brands from Shoprite, Pick n Pay, and Woolworths confirmed their products were not affected.
Clover also voluntarily recalled nearly 11 000 units of Go Nuts Peanut Butter (400g) as a precautionary measure.
In February 2024, the NCC received peanut butter recall notifications from Dischem and Pick n Pay after tests revealed unsafe levels of aflatoxin.
Both retailers confirmed that the contaminated products were supplied by House of Natural Butters. According to the NCC, the company also manufactured products for other brands, raising concerns about the scale of contamination.
“Upon engaging with the retailers, the NCC discovered that both had ordered their products from House of Natural Butters. The NCC then consulted with this manufacturer to understand their processes. The manufacturer informed the NCC that it also produced items for other suppliers. House of Natural Butters subsequently recalled all affected products through a series of product safety recalls, which commenced on 2 February 2024,” the NCC said in a statement.
The NCC established that the affected products had higher than legally acceptable levels of aflatoxin as set out under R1145 Regulation Governing Tolerance of Fungus-Produced Toxins in Foodstuffs.
Based on this information, the NCC initiated an investigation into the affairs of the House of Natural Butters.
“The investigation revealed that between 11 May 2023 and 6 November 2023, House of Natural Butters imported and supplied contaminated, decayed and impure peanuts, groundnuts and by-products to South African consumers through various retailers.
“The investigation concluded that the supplier’s conduct was in contravention of regulation 3 of Regulation 638 of 2018 and regulation 2(b) of Regulation 1145 of 2004, read with section 2(1)(b)(i) of the Foodstuffs, Cosmetics and Disinfectants Act 1972, read with section 55(2)(b) and (d) of the CPA,” the NCC said.
In granting the consent order, the tribunal said: “The respondent imported the products from Malawi and Zambia using trucks and trailers via land borders and port entries. The trucks and trailers did not have the requisite certificates of acceptability required for the transportation of food. Further laboratory test results from various accredited food testing laboratories established that the products were contaminated, decayed and impure.”
The contaminated peanut butter reportedly met safety standards at the point of production, but further testing showed elevated aflatoxin levels.
This highlights a fundamental problem in food testing practices, particularly the reliance on batch testing, which may not detect heterogeneously distributed toxins like aflatoxins, Adri Botha, chairperson of the SA Groundnut Forum, said in a recent report.
“Given the heterogeneous nature of aflatoxin distribution, product processors and manufacturers should understand the limitations of product testing and use it as a guide rather than an absolute measure.”
South Africa sets a regulatory limit of 10μg/kg for total aflatoxins and 5μg/kg for aflatoxin B1. These are aligned with global standards but enforcement varies. Smaller suppliers and importers, like House of Natural Butters, may lack the rigorous internal controls seen in larger operations.
“Large manufacturers and retailers often have robust food safety practices, but smaller manufacturers frequently fall short, highlighting the need for more education and stringent compliance measures for these entities,” Botha said.
“There is no ‘zero’ risk in food production,” said Botha, “but an objective and comprehensive understanding of aflatoxin contamination underscores the importance of vigilant control measures and informed regulatory practices to safeguard public health.”
