FDA New Guidelines for Labeling Top Allergens
On January 5th, 2025 the FDA released its newly changed labeling guidelines expanding the definition of eggs and milk as major allergens and shrinking the list of tree nuts, removing coconut. The FDA has control over packaged foods, that is, infant food and formula, medical foods, and dietary supplements. Foods regulated by the USDA, such as meat, poultry, catfish, and processed egg products, aren’t included.
Based on the Federal Food Drug & Cosmetic Act, Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) and Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER), it’s required that common food names be listed in the ingredients label or in a “contains” or “may contain” statement, identifying the 9 major common food allergens:
Eggs
Milk
Peanuts
Sesame
Shellfish
Soy
Tree nuts
Wheat
Some information worth noting:
- food products produced prior to the effective date may be still on shelves and their labeling is complying with the older guidelines.
- approximately, 2 percent of adults and about 5 percent of infants and young children in the United States suffer from food allergies;
- each year, roughly 30,000 individuals require emergency room treatment and 150 individuals die because of allergic reactions to food;
Tree nuts labeling
The list of tree nuts has been shortened, notably excluding coconut. For clarity, below are both the lists of the approved and excluded. If you are allergic to one of the excluded, you must know that food companies aren’t required to list it as an allergen.
APPROVED
Almond
Brazil nut
Cashew
Hazelnut
Macadamia nut
Pecan
Pine nut
Pistachio
Walnut
EXCLUDED
Beech nut
Butternut
Chestnut
Coconut
Ginko nut
Hickory nut
Lichee nut
Shea nut
Egg and Milk Labeling
The FDA extended the labeling to include the animal that produces eggs and milk be listed next to “egg” and “milk”, that is “quail egg” or “goat milk”.
Shellfish Labeling
The FDA shortened the list of shellfish they consider a major allergen. It lists only crustacean shellfish as in crab, lobster, and shrimp. But they don’t consider mollusks, such as oysters, mussels, scallops, and clams as major allergens.
The “free from” labeling
Food producers can use “free from” only when they are truly sure that that ingredient/allergen is not included. “Free from” indicates that the product is manufactured without a particular allergen. For a person with food allergies, the label offers more reassurance that the food does not contain the allergen. While “it may contain” in the label suggests that the product could have traces of a specific allergen, even though it is not an intentional ingredient. The former is a guarantee and the latter serves as a warning that there could be trace amounts, potentially posing a risk for individuals with severe allergies.
