The FDA Issued New Flexibility Policy Regarding Food Labeling

As a food allergy mom + health coach, this upsets me

On May 22, 2020, the FDA announced its Temporary Flexibility Policy Regarding Certain Labeling Requirements for Foods for Humans During COVID-19 Pandemic. So, what does this mean for the food allergy community?

Upon first glance at the policy, it seems that the manufacturers will not be able to make ingredient substitutions using the Top 8 Food Allergens without changing their labeling; however, in my opinion, the policy wording does not say this explicitly enough. (The Food Allergy Labeling & Consumer Protection Act should not be superseded by the temporary policy though). Further, the overall consensus in the food allergy community is that those who are sensitive to the Top 8 Allergens should not be impacted by the new labeling policy.

One thing to keep in mind with regard to your allergens is that with new ingredients possibly being introduced to manufacturing lines, there’s new chances of cross-contact in products that previously were safe for you.

It also appears that manufacturers will have more discretion when it comes to labeling regarding ingredient substitutions made with foods not in the Top 8. It is recommended that they label for substitutions of ingredients such as sesame or mustard, but it is not required. Please keep this in mind as you grocery shop and select items. It's possible that items previously safe for your family have new ingredients and may no longer be okay.

It is important to note that at this time we do not know exactly how this will be applied by manufacturers, and it may be different across the board. Policy wording can sometimes be vague and applied differently when implemented by the manufacturers. Plus, this policy states that it is non-binding, meaning it’s issuing recommendations rather than mandates.

Now where do we go from here? I’d say it's always better to be safe and stick to the basics at this point (cook from scratch using whole foods or eat whole foods). Until this policy is no longer in effect or until the FDA issues more clarity on the policy, you may want strongly consider reaching out to manufacturers to ensure their labeling is accurate - with regard to all allergens.

**I wanted to share this information with all of you to make sure you are up-to-date on this issue. As a disclaimer, I am not providing legal services, advice or my legal opinion. The above information consists solely of my personal opinion. I encourage you to read the policy yourself to make your own determinations as they pertain to your individual situation.**

Let’s take it to the comments to discuss!