Nexus: Chapman's Journal of Law and Public Policy

While many Americans look for ways, such as reading nutrition facts labels on foods, to make healthy choices about the food they consume, some ignore or are unaware of the health risks posed by food allergens. It is estimated that 2 percent of adults and about 5 percent of infants and young children in the U.S. suffer from food allergies. Approximately 30,000 Americans go to the emergency room each year to get treated for severe food allergies, and it is estimated that 150 to 200 Americans die each year due to allergic reactions to food. Food allergies can be triggered by even a small amount of the food and occur every time the food is consumed. While most food allergies cause relatively mild and minor symptoms, some cause severe reactions, and may even be life-threatening.

The Government has taken measures requiring disclosure of food allergens to reduce the risks from allergic reactions. The Food Allergen Labeling and Consumer Protection Act (FALCPA) applies to packaged food, whose labeling is regulated by the Food and Drug Administration (FDA). FALCPA mandates that the labels of foods containing the eight most common food allergens such as milk, eggs, fish, crustacean shellfish, peanuts, tree nuts, wheat, and soy (which FALCPA defines as “major food allergens”) - which account for 90 percent of food allergies - state the allergen in plain language. FALCPA requires that food labels identify the food source names of all major food allergens used to produce the food. This requirement is satisfied if the label listing the common or usual name of an ingredient (i.e., buttermilk) that is a major food allergen identifies that allergen's food source name (i.e., milk). If not, the allergen's food source name must be declared at least once on the food label in either parentheses following the name of the ingredient (i.e., whey (milk)), or immediately after or next to the list of ingredients in a “contains” statement (i.e., Contains Wheat, Milk, and Soy).

Even though FALCPA is a necessary measure to ensure clearer labeling of food for the millions of Americans with food allergies, persons with food allergies cannot always rely on FALCPA when attempting to make allergen-free food selections. There are areas not covered by and food exemptions to FALCPA, such as any food provided by a retail food establishment that are placed in a wrapper or container in response to a consumer's order, and any food product regulated by the USDA, such as meat, poultry, and certain egg products. Also, obstacles such as consumer confusion of usual or common names of ingredients, hidden ingredients, cross-contamination during processing or preparation, or mislabeling may impede allergen-free eating. Moreover, FALCPA requires that food labels identify only the major food allergens used to make the food, leaving out those ingredients which account for the remaining 10 percent of food allergies.

Milk, one of the major food allergens, is often advertised as a ‘superdrink’ with many health benefits, and is a common food included in home-packed lunches for children. Some American adults and children, however, are unaware that they suffer from milk allergies. Most people with milk allergies experience mild reactions such as rashes, nausea, or runny nose. More serious adverse reactions range from pneumonia, drops in blood pressure, osteoporosis, malabsorption of nutrients, and increased risk of various cancers. Some people have a very strong reaction called anaphylaxis, a life-threatening reaction that causes swelling of the mouth, throat, and airways leading to the lungs, resulting in an inability to breathe. Anaphylaxis may also result in a dangerous drop in blood pressure, which can cause a person to become dizzy, pass out, or lead to shock.

In 2010, Kroger and Contessa Premium Foods, Inc. recalled Kroger brand “Meals Made Simple Shrimp Linguini”, because it may have contained undeclared milk product. People with an allergy or severe sensitivity to milk products ran the risk of serious or life-threatening allergic reaction if they consumed the recalled product. The recall was initiated after it was discovered that the product included an ingredient labeled as "Natural Flavors" that may have been constituted using milk or milk byproducts. This ingredient was not otherwise indicated on the allergen warning statement. At least one adverse reaction was reported.

While FALCPA, and measures taken by product distributors and manufacturers, may help reduce risks to consumers posed by food allergens, consumers cannot fully rely on labels and warning statements to ensure their own safety. Consumers should be aware of their food allergies, diligently read food ingredient labels, and be prepared to recognize and treat their reaction.

SOURCES

• http://www.fda.gov/Safety/Recalls/ucm222663.htm

• http://www.fda.gov/food/resourcesforyou/consumers/ucm079311.htm

• http://gotmilk.com/#/home/benefits/

• http://www.webmd.com/allergies

• http://allergies.about.com

• Laura E. Derr, When Food Is Poison: The History, Consequences, and Limitations of the Food Allergen Labeling and Consumer Protection Act of 2004, 61 Food & Drug L. J. 65 (2006)