Issue View | Council I | 2023 Biennial Meeting
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Issue Number: Council I 006
Issue History
This is a brand new Issue.
Title
Regulating use of "may contain" type advisory labels
Issue you would like the Conference to consider
A proposed definition to establish appropriate limits and definitions for use of the terms "may contain" and "made in a facility that processes" allergens.
Public Health Significance
Food allergies are affecting more people every day. It is vital that people with allergies know what is in the products they consume so that they do not have a life-threatening reaction.
The Food Allergy Safety, Treatment, Education, and Research Act of 2021 or the FASTER Act of 2021 act which mandates the labeling of sesame as a declared allergen has led to unintended consequences. Companies that never had sesame in their products are deliberately adding sesame to comply with the change in the law rather than engaging in good manufacturing practices. This has led to consumers with sesame allergy to have far fewer choices in bakery products and restaurants where they can eat. The FDA has publicly acknowledged that this is happening and that the practice is not upholding the spirit of the law.
A proposal that may help the issue without causing too much disruption to industry would be for the FDA to establish a legal definition for disclosing cross-contact, like "made in a facility" or "main contain." That way, companies that have sesame products and fear cross contamination can clearly disclose the cross-contact and the consumer can then decide whether they feel safe taking the risk of purchasing the product. This would kill two birds with one stone because there has long been confusion in the allergy community about the significance of these cautionary phrases which are currently unregulated.
Recommended Solution: The Conference recommends...
sending a letter to the FDA requesting the agency to establish a legal definition for disclosing cross-contact for the presence of food allergens. Such definition should clearly explain the limits and ramifications of terms like "may contain" or "made in a facility that also processes" perhaps using threshold amounts that would trigger the use of the warnings.
Submitter Information
| Name | Laurel Francoeur |
| Organization | Francoeur Law Office |
| Address |
63 Shore Road Suite 24 Winchester, MA 01890 |
| Telephone | 781 705 2552 |
| laurel@francoeurlaw.com |
