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Seeing Food Allergens Clearly Now: It’s the Law!
 
Food Insight
January/February 2006

 
Can your favorite comfort food, for example, a peanut butter and jelly sandwich, be someone else’s ultimate discomfort food? Yes, if that person happens to be one of three million Americans who are allergic to peanuts and tree nuts. For that 1 percent of the population, eating peanut butter can cause reactions ranging from a mild rash to a severe swelling of the throat and around the airways in the lungs, which can possibly lead to anaphylactic shock and, in the most severe cases, death.

According to FDA, food allergies affect about 2 percent of adults and about five percent of infants and young children in the United States. Every year, approximately 30,000 emergency room visits and 150 deaths result from allergic reactions to proteins coming from one or more of eight major foods containing allergens: milk, eggs, fish, crustaceans, e.g., shrimp, crabs, tree nuts, wheat, peanuts, and soybeans. Although other foods may also trigger allergic reactions, it is estimated that these eight account for 90 percent of all cases. No cure currently exists for food allergies and the only method of preventing a reaction is avoidance of the allergy-causing food.

To make it easier for food-allergic consumers and their caregivers to identify and avoid foods that contain major food allergens, the Food Allergen Labeling and Consumer Protection Act (FALCPA) was passed by Congress in 2004, and became effective on January 1, 2006. This law requires all food labels to declare in plain English the presence of any of these eight allergens (milk, egg, soy, wheat, etc.). This can be accomplished in one of two ways:

  1. By placing the word “Contains” followed by the name of the food source from which the major food allergen is derived, immediately after or adjacent to the list of ingredients, in the same type size as the latter (e.g. “Contains milk and wheat”); or
  2. By placing next to the name of the affected ingredient, in parentheses, the name of the food source from which the allergen is derived [e.g. “natural flavoring (eggs, soy)”].

Some foods are exempted from FALCPA labeling requirements. These include meat, poultry, fruits, vegetables, and alcoholic beverages. Highly refined oils derived from the major allergens are also exempted: clinical studies have demonstrated that these oils can be safely consumed by food-allergic individuals because of the refining process, which removes allergenic proteins.

Each time a product is purchased, ingredient listings should be read carefully in conjunction with any “contains” statement for two reasons. First, food products that do not reflect the additional allergen labeling are still allowed on grocery shelves as long as they were labeled before January 1, 2006. Second, foods with certain labeling terms, such as “nondairy,” cannot be assumed to be free from milk-derived proteins called caseinates or whey. However, FALCPA does require these to be listed in the ingredient statement with a parenthetical statement such as “(a milk derivative).” “Until there is a cure for food allergies, clear, consistent, and reliable ingredient information is critical to ensure the health and safety of millions of children and adults,” says Anne Muñoz-Furlong, founder of the Food Allergy and Anaphylaxis Network.


A little Q&A

Q What is defined as a "major food allergen under the Food Allergen Labeling and Consumer Protection Act (FALCPA)?"

A FALCPA, which took effect January 1, 2006, mandates that the following eight foods or ingredients derived from or containing these foods are considered major food allergens:

  • Milk
  • Eggs
  • Fish
  • Crustacean shellfish
  • Peanuts
  • Tree nuts
  • Wheat
  • Soybeans

Q Are there any specific declarations that are made for nuts of fish?

A Yes. Manufacturers must list the specific nut or seafood that is used (e.g., almond, walnut, cashew; or tuna, salmon, shrimp, or lobster).

Q Under this new law, how are these allergens identified on the label?

A The food label must declare the presence of a major food allergen in plain language on the ingredient list or via the word “Contains” followed by the name of the major food allergen (milk, wheat, or eggs for example); or as a parenthetical statement right after the ingredient in the list of ingredients, e.g., “albumin (egg).” The type size can be no smaller than the type size used in the list of ingredients.

For more information refer to http://www.cfsan.fda.gov/~dms/alrguid.html.

[Source of this Q&A]