Issue View | Council I | 2023 Biennial Meeting

This is a brand new Issue.

Manufacturers have begun to add sesame to protect from legal action.

The conference needs to address the current problem around food labeling and the manufacturers ability to change formulations to include allergens as a way to circumvent liability.

As of the change in labeling requirements to include a "contains" statement for sesame ingredients, manufacturers have begun to put trace amounts of sesame into products that had not before contained sesame. This is in an attempt to alleviate any possible legal responsibility in the event a person allergic to sesame consumed their product and sustained damages. It is a legal loophole which allows these companies to change their formulations for the sole purpose of covering themselves from liability. This creates further hardships for anyone who has to deal with a sesame allergy. It may be legal at this point, but it is not the right thing for these companies to be allowed to do. It has far reaching consequences for people who already have a limited ability to purchase and consume products safe for them.
This has caused extreme hardships for those with a food allergy to sesame . For example, it is now incredibly difficult to find a safe bread if you are a person with a food allergy to sesame. Prior to the change in labeling requirements, I was able to find multiple bread products which did not label for sesame, and were therefore "safe". Of those breads, none are now safe- because they have ADDED sesame in trace amounts to their formulation. How is this allowed? They didn't change their recipes for any other reason except to protect themselves.
For those families that have to navigate the world around food allergies this has created an unintended hardship. The purpose of labeling for sesame was to ensure those with a sesame allergy were properly informed so they could make safe choices and protect themselves and those they love from a potential fatal reaction. However, the way in which the law has been allowed to be implemented has caused even greater hardship.
It is imperative that we are able to have proper labeling for the top 9 allergens, while not having companies add allergens into food to prevent lawsuits. It's unfair, it's unsafe and it needs to be addressed.

Lawmakers must create a prescription for changing labeling while not allowing manufacturers to change formulations to evade potential liability.