Although Boar’s Head’s response addressed its use of the Alternative 3 model, reactive food safety decisions the company made in response to the outbreak (such as establishing a Food Safety Advisory Council and Chief Food Safety Advisor role), its management of product recall, and impacts to consumer confidence, many direct questions went unanswered. Rep. DeLauro outlined information Boar’s Head failed to provide, including:

• No confirmation if the company plans to reopen the Virginia plant at the center of the outbreak (Boar’s Head’s response acknowledged the possibility of opening the facility at some future date)
• No clear commitment to improving plant’s infrastructure or explanation of how Boar’s Head plans to prevent noncompliances in the future
• No explanation of the company’s past food safety policies
• No explanation to why staff did not act sooner to address food safety concerns, or how management will be held accountable
• No response on the frequency at which Boar’s Head conducted microbial testing
• No response on testing data as requested
• No word if Boar’s Head tested non-contact food surfaces
• No response on whether third-party inspections were conducted before the recall
• No response on how the company’s headquarters handled food safety concerns
• Limited information on the documented steps of the recall.

On December 17, the day prior to Rep. DeLauro’s acknowledgement of Boar’s Head’s response, USDA’s Food Safety and Inspection Service (FSIS) announced several new steps it is taking to strengthen its oversight of regulated food processing facilities and protect the public from L. monocytogenes. These changes were prompted by an internal review launched after the fatal listeriosis outbreak, and some of the changes proposed by FSIS directly relate to specific questions from members of Congress (including Rep. DeLauro) about the requirements of its Listeria rule, as well as the nature of inspection agreements with state agencies.

“While I am grateful that FSIS has acknowledged how they fell short and I await their response, I am not confident that Boar’s Head has done the same,” Rep. DeLauro stated. “I look forward to UDSA’s Office of the Inspector General getting to the bottom of this [outbreak], and I encourage UDSA and the U.S. Department of Justice to hold Boar’s Head accountable if they are liable.”

The Boar's Head L. monocytogenes outbreak occurred between July and September 2024, resulting in ten fatalities and 59 cases of illness across 19 states. The outbreak was linked to ready-to-eat deli meats produced at the Jarratt, Virginia plant.