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FDA eyes labels that are a little bit nuts

The label on a box of Kellogg's Frosted Mini Wheats.

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KAI RYSSDAL: There are about 12 million people in this country who have food allergies. If one or more of them live in your house, then you're probably familiar with the art of deciphering labels. Trying to figure out which product may or may not contain something that's going to set off a reaction. But the different ways manufacturers list ingredients makes figuring out whether something's safe to eat tricky at best.

Tomorrow the Food and Drug Administration's going to look into those voluntary labels and whether confusion is damaging confidence.

From the Marketplace Sustainability Desk, Sarah Gardner reports.


SARAH GARDNER: You know the labels. The ones that say things like "may contain traces of peanuts." The food isn't supposed to contain peanuts but a small amount may have accidentally contaminated the food during manufacturing. I found a bunch of those warnings in my own cupboards.

GARDNER IN KITCHEN: Says manufactured in a facility that uses wheat, milk, eggs, soy and tree nuts. So what does that mean?"

ANN MUNOZ-FURLONG: Right now it's like the Wild West. Nobody knows what's going on.

Anne Munoz-Furlong is founder of the Food Allergy and Anaphylaxis Network. Furlong says right now the FDA doesn't regulate these kinds of labels and the language varies widely. She's seen everything from "may contain the occasional nut" to "processed in a nutty facility." No pun intended.

Furlong says the vague language may protect companies from liability, but it's confusing consumers.

FURLONG: What's the difference between "may contain peanuts" and "processed in a facility?" Is the risk the same? We have no idea.

Plenty of food allergy watchers are skeptical about these warnings.

"Is it me, or are allergy labels getting way wackier?" asked a mother of two on the "Nut-Free Mom Blog." She cites a label on a sugar product warning of possible contamination from eight food allergens, including shellfish.

Recent surveys show some allergic consumers are beginning to ignore the warnings.

Kim Lutz has a young son allergic to eggs, dairy and walnuts. She says she pays attention to them.

KIM LUTZ: On the flip side, I've talked to other families who say, "Oh, they're just trying to cover themselves from litigation." And I'm sure it's perfectly fine, because it's so vague and they are feeding their kids those things.

That's a dangerous gamble, according to researchers, especially since some allergic reactions can be fatal. University of Nebraska food scientist Steve Taylor tested over 100 products with two differently worded peanut warnings. He found more of that allergen in the products labeled with the milder-sounding warning.

STEVE TAYLOR: It's important for consumers to understand, allergic consumers, that all of these statements are intended to serve the same purpose: Please do not eat our products.

Taylor, though, suspects some companies slap on a warning rather than spend money on good risk analysis. Tomorrow, activists will push the FDA to set some standards for these labels. Industry officials are expected to resist new mandates but appear open to discussion. Some say they'd welcome more guidance.

Alison Bodor at the National Confectioners Association says candy makers want more data on what levels of allergen would trigger the need for labeling.

Alison Bodor: Right now we're operating more or less on a zero-tolerance basis, meaning that any amount of allergen in that product is too much. And in that situation the manufacturer's always going to err on the side of protecting the consumer.

Scientist Steve Taylor says his research should soon yield some useful risk data, at least for peanut allergies.

Activists like Furlong hope tomorrow's hearing will lead to, at least, more standardized language and an end to some of the more absurd labels. Furlong recently spied a jar of peanuts with a warning label reading "may contain peanuts."

I'm Sarah Gardner for Marketplace.


Statement from the Grocery Manufacturers Association on the FDA hearing:

"Our members are committed to ensuring that food-allergic consumers have the information they need on the food label to make informed choices about whether or not a particular food item is appropriate for them to eat. That is why we support the use of science-based criteria by food and beverage companies in determining whether or not a supplemental or 'may contain' allergen advisory on a food product label is necessary."


About the author

Sarah Gardner is a reporter on the Marketplace sustainability desk covering sustainability news spots and features.
C Anderson's picture
C Anderson - Sep 22, 2008

I have quite a few food allergies, and for one, would like to see some clearer labeling when it comes to all of the "may contain one or more of the following:..." nonsense. Is it so hard for them to tell us if they use corn oil versus soybean oil? I'm forced to skip over many products because I'm allergic to one of the ingredients that may or may not (according to the label) be used. Just tell me what IS in there!

Betty K's picture
Betty K - Sep 18, 2008

To Andrew Fuld: If you truly had a food allergy and suffered an anaphylactic reaction that caused you to be rushed to the ER, you would probably think twice before making the rude and sarcastic comment you made.

Joshua Hadley's picture
Joshua Hadley - Sep 16, 2008

We have a daughter with multiple food allergies including peanuts, eggs, milk, and soy (and several others) and have given up on manufacturer's weasel-wording. Any kind of "may contain", "manufactured in a facility that also processes...", etc. and we pass over that product and move on to the competition. Occasionally there is no alternative available, so we either make our own or do without. Even when we do find a safe alternative, we have to read the label EVERY TIME, because manufacturers often change formulations or packing practices without notice.

Consequently, we end up avoiding many processed foods, which really isn't such a bad thing...

I'd like to take the opportunity to thank Ann Muñoz-Furlong and FAAN, they are a wonderful resource for families dealing with food allergy!

Jake Brown's picture
Jake Brown - Sep 16, 2008

I'm a parent of a toddler with a peanut allergy and I would definitely appreciate clear, explicit labels regarding cross-over
contamination. We allow our kid to eat stuff when the label says "Good manufacturing practices segregate ingredients in a facility that also processes peanuts." I know that a lot of peanut allergy parents still don't trust this. But we carry our Benadryl, Epi-Pens, and a cell phone to call 911 in case something accidentally sends him into anaphylactic shock.

Jill White's picture
Jill White - Sep 16, 2008

I own a food processing plant and co-pack for several food manufacturers. The problem with food allergy identification on labels is more serious than most want to admit. The chance of ADF (Allergy Dust
Fallout) is a serious situation.
Using the same equipment (kettles, pumps, production lines) to produce both non-allergy and allergy products
may result in COC (cross-over
contamination). We cannot continue to be all things to all people!! The responsibility should to be palced on both parties to make sure the public is aware of the production environment.
The best way is to be clear on the
label....not ambiguous!!
Due to an increase in "home business" situations this is not happening due to lack of education - by the food industry and the government.
Food is becoming a big "risk" item in the United States. The government needs to be checking facilities more closely than they have in the past.
Labels should be clear and not leave any room for speculation in the mind of the consumer as to safety.
Just my opinion.

Andrew Fuld's picture
Andrew Fuld - Sep 16, 2008

I have an allergy, and I'm really concerned regarding this news. My allergy is called government regulation allergy.

Caren Abschutz's picture
Caren Abschutz - Sep 15, 2008

I am severely allergic to all nuts and these warning labels are so frustrating! I would seriously welcome universality between companies' labeling -- or better yet, improved manufacturing security so I could eat some of the foods I haven't eaten in years.