May contain nuts: Precautionary allergen labels lead to consumer confusion

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When Ina Chung, a Colorado mother, first fed packaged foods to her infant, she was careful to read the labels. Her daughter was allergic to peanuts, dairy, and eggs, so products containing those ingredients were out. So were foods with labels that said they may contain the allergens.

Chung felt like this last category suggested a clear risk that wasn’t worth taking. “I had heard that the ingredient labels were regulated. And so I thought that that included those statements,” said Chung. “Which was not true.”

Precautionary allergen labels like those that say “processed in a facility that uses milk or may contain fish” are meant to address the potential for cross-contact. For instance, a granola bar that doesn’t list peanuts as an ingredient could still say they may be included. And in the United States, these warnings are not regulated; companies can use whatever precautionary phrasing they choose on any product. Some don’t bother with any labels, even in facilities where unintended allergens slip in; others list allergens that may pose little risk. Robert Earl, vice president of regulatory affairs at Food Allergy Research & Education, or FARE, a nonprofit advocacy, research, and education group, has even seen such labels that include all nine common food allergens. “I would bet my bottom dollar not all of those allergens are even in the facility,” he said.