What US Labeling Laws Mean for Your Food Allergy

 

AllergyHealth for Allergenis  

 
 
 

The standard treatment for people diagnosed with food allergies is avoidance. As simple as it sounds, strictly eliminating an allergen from your diet is actually quite tricky. Those with food allergies read (and re-read) ingredient labels carefully every day. To make the task easier, it pays to understand the food labeling laws and how your allergen fits into it. 

What is FALCPA? 

In the United States, the Food and Drug Administration (FDA) established a law to guide food labeling on manufactured goods. Responding to the rising prevalence of food allergies as well as confusion over ingredients in packaged food, the FDA stepped in to give consumers some insight into their food choices so that they could protect themselves from allergic reactions and the negative health effects of celiac disease. 

Passed in 2004 and put into action two years later, the Food Allergen Labeling and Consumer Protection Act (FALCPA) instructs food manufacturers on how to label for certain allergenic ingredients on their packages. 

FALCPA establishes three important guidelines for manufacturers: 

1. Which Allergens to Label: 

Ninety percent of allergic reactions are caused by nine food allergens: 

  • Peanuts

  • Tree nuts (such as almonds, walnuts, hazelnut, etc.)

  • Dairy (milk)

  • Egg

  • Wheat (gluten)

  • Soy

  • Fish (such as tilapia, salmon, etc.)

  • Shellfish (such as shrimp and crab)

  • Sesame Seeds

FALCPA was amended in 2021 (via the FASTER Act) to include sesame seeds given the difficulty of managing this growing allergy. Sesame will be added to the original list of allergens required to be labeled by FALCPA beginning January 2023. Together, these are known as the “Top 9” allergens. 

2. How to Label - Allergens Must Be Easy to Identify: 

Manufacturers are required to label the Top 9 allergens by their common name rather than using one of any number of alternatives. For example, in the past dairy (or any other allergen) could be listed under different, unfamiliar names on ingredient labels. Consumers often needed to remember a long list of alternatives for each food allergy. The Food Allergen Labeling and Consumer Protection Act requires manufacturers to list these allergens by their most common name either in parentheses, in bold, or under the ingredient list in a “contains” statement. In 

other words, dairy could no longer be listed by the more than 30 alternatives such as “casein,” “whey,” “rennet” or “lactoglobulin”; under FALCPA, dairy is now required to be labeled as “milk.” 

3. Which Food Falls Under the Food Allergen Labeling and Consumer Protection Act: 

Any packaged food that is regulated by the FDA must follow FALCPA regulations. This includes most items in the supermarket; prepackaged, labeled food from bakeries, kiosks, restaurants, etc.; vitamins and nutritional supplements; infant formula; and medical food. 

Not all products with ingredient lists are required to comply with this law; as such, there are some exceptions to FALCPA’s reach. 

These products DO NOT follow FALCPA guidance: 

  • Prescription and over-the-counter drugs

  • Personal care products such as cosmetics, soap, shampoo, toothpaste, or moisturizing lotion

  • Any food product regulated by the U.S. Department of Agriculture (USDA), which includes meat, poultry, or certain egg products as well as fruits, vegetables and other agricultural produce

  • Alcohol including alcoholic drinks, liqueur, spirits, beer and tobacco products

  • Any restaurant food, made-to-order or other food that is placed in a wrapper or container in response to a person's order for that food. This includes food from street vendors, festivals, fast food restaurants, etc.

  • Pet foods, pet supplements, and supplies

  • Kosher labeling

Locally prepared food should follow the FDA’s guidance but may not comply completely. The same goes for imported goods which should follow FALCPA requirements, but sometimes don’t. It’s worth being extra careful and paying close attention when reading labeling on these products to ensure their safety. 

A Few Important Notes: 

Some manufacturers include a Precautionary Allergen Label, commonly called a “May contain” statement. These are statements that often appear under the ingredients list offering the consumer more information about manufacturing practices. They may read, “may contain peanuts,” or “made in a facility with sesame seeds,” or “may on equipment with wheat.” These are voluntary statements. When you see one, it can help inform you about the safety of the product. But when you don’t see one, it may mean the company chose not to disclose that information on their packaging. A quick call to their customer service will answer any questions you may have about manufacturing or their product. 

Coconut is considered a tree nut by the FDA, even though it is actually a palm fruit. Because they are not related, there is no recommendation for people with tree nut allergies to avoid coconut. That said, if you are allergic to tree nuts please speak to your allergist about whether you need to avoid coconut before including it in your diet. 

Clams, scallops, mussels, and other bivalves are mollusks (not shellfish) and therefore do not need to follow FALCPA labeling rules. 

Spices, flavoring and dyes which contain ingredients from the Top 9 will need to be labeled appropriately under FALCPA with a common name of the ingredient appearing in any one of the three ways described above. 

In 2013, the FDA established standards for food labeled “gluten-free.” For a food to be labeled gluten-free, it must contain less than 20 parts per million of gluten – the lowest level reliably detectable in food. 

Food Outside of the Top 9 

Currently, there are no laws requiring allergens that fall outside of the Top 9 to be labeled by their common names. This makes it very difficult for individuals with those allergies to determine whether or not a food is safe for them. Calls to manufacturers can help but is also time consuming and choosing safe food can be stressful. Advocates are working tirelessly to change these laws. They hope to get every allergen labeled clearly so that everyone can eat safely in the future. 

Samantha Penn