Relaxed labeling rules by feds raise fears among people with food allergies

Susan Selasky
Detroit Free Press

For people who suffer from food allergies, carefully reading the ingredients on food labels is a matter of self-protection. The thought of that label not being accurate is downright frightening. 

The Food and Drug Administration (FDA) recently announced it has temporarily relaxed food labeling and packaging rules for food manufacturers because of the coronavirus pandemic. The agency said it is relaxing the rules to avoid disruptions in the food chain.

The move is not sitting well with groups that advocate for people with food allergies. Those with food allergies can face serious, and sometimes deadly, health consequences if they eat food containing ingredients they are allergic to. 

"If you can't trust what's on the label, how do you know if you're not going to get sick whether you are in a restaurant or the grocery store," said Debra Levantrosser who owns Shimmy Shack vegan restaurant in Plymouth and is gluten-sensitive herself.

Food allergies can cause a myriad of symptoms, including hives, digestive problems and trouble breathing, according to webmd.com

This is the fifth time since the pandemic began that  the FDA has relaxed food labeling and packing rules, saying it is attempting to avoid disruptions in the food supply chain. Previous temporary changes included relaxing rules on nutrition labeling. menu labeling and packaging and labeling of shell eggs. .

The Food Allergy Research & Education (FARE) advocacy and research organization said the FDA's move poses a "significant threat to the food allergy community," which includes more than 32 million Americans. 

“The FDA guidance issued on May 22 temporarily changes labeling requirements for food manufacturers leaving the food allergy community concerned that they could no longer trust the labels of the food products they buy," FARE CEO Lisa Gable said. "However, if the guidance were extended indefinitely, there would be additional concerns and anxieties around proper disclosure of ingredient changes..”

During COVID-19, FARE said, food allergy families are already struggling. The group is asking the FDA to "reverse course by sharing the fears and anxieties of the food allergy community. "

Under the new guidelines, manufacturers cannot substitute ingredients to the eight common allergens: cow's milk, eggs, tree nuts, peanuts, shellfish, wheat, soy and fish.

The relaxed guidelines allow food manufacturers to make "minor formulation changes" without making changes to its existing product labels. A reason for the relaxed rules is because of the pandemic food manufacturers faced sourcing some ingredients. 

For example, a change would allow a food manufacturer to use unbleached flour in place of bleached flour or sunflower oil if canola oil couldn't be found without a label change.

This new guidance is temporary, the FDA said, and intended to remain in effect for the duration of the COVID-19 public health emergency. 

In addition to her vegan restaurant, Levantrosser operates a food truck offering 100% vegan and gluten-free fare and a nonprofit food pantry, Shimmy's Cupboard, that she opened in April. The pantry is a source for vegan and gluten-free items.

At Shimmy Shack, if they are out of an ingredient or can't find an ingredient they normally use, Levantrosser said, they wouldn't make the item.

"I couldn't just change our oil because I couldn't find canola oil," Levantrosser said. "I couldn't just switch to soy (bean oil) because a lot of people are allergic to soy."

Dave Bloom, CEO of SnackSafely.com in post wrote that "unfortunately, the devil is in the details, and the guidance goes on to introduce numerous loopholes that are of concern to members of the food allergy community."

In a video on the website explaining the new changes Bloom pointed out the guidance does not change the disclosing the top eight allergens. But what is an issue is highly refined oils such as peanut, sesame, soy bean oil being used in place of, say, canola oil.

"It's easy for companies to apply stickers to their products warning of an ingredient change and issue a similar statement on their respective websites," Bloom said. "Why the FDA didn't require these is astounding to me and the food allergy community."

The FDA also added restrictions including that the ingredients substituted "does not cause any adverse health effect (including food allergens, gluten, sulfites, or other foods known to cause sensitivities in some people, for example, glutamates)." The ingredient has to be 2% or less by weigh of the finished food. Also, the ingredient can't be a "characterizing ingredient," like raisins in raisin bread. 

Dr. Devang Doshi, chief of pediatric allergy and immunology at Beaumont Hospital in Royal Oak, advises families to continue to be as diligent as they normally are. 

"Stay well informed. Go to the companies' websites, always reach out to your doctor," Doshi said. "Continue to read labels and purchase from reputable companies and products that one has tolerated in the past. 

But, like others, Doshi worries if it becomes a permanent thing, it's a big step backward.

"We just don’t know how temporary of an issue this is," Doshi said.

Contact food writer Susan Selasky: 313-378-6373 or sselasky@freepress.com. Follow @SusanMariecooks on Twitter.