The American Celiac Disease Alliance has applauded the Chicago Tribune for raising awareness of problems with allergen and gluten-free labeling in two recent stories published by the newspaper. In a letter to the editor, the ACDA said the articles exposed serious problems that can be caused by mislabeled food. The celiac advocacy group also praised the paper for demanding stricter oversight of food labeling.

The Tribune stories included independent laboratory test results that showed several chicken products labeled gluten-free actually contained gluten.  Click to read the ACDA letter. 

Kinnikinnick, a Canadian company that has been making gluten-free food for 17 years, responded to the stories by detailing the steps it takes to ensure its products are gluten free. The company, which sells its products extensively in the US, has a dedicated gluten-free plant and tests its all of its foods. For full details go Kinnikinnick's Blog.

Steven Singer, president and found of Glutino food group, said labeling problems "break the confidence of consumers" who depend on gluten-free and allergen-free foods. He released a statement that outlines the production and testing steps taken to make sure Glutino and Gluten-Free Pantry brand products are gluten free. Click on Glutino for full details.

In a story published Friday about the way foods that contain allergens are often mislabeled, the Chicago Tribune focused on a company whose chicken nuggets were labeled gluten free but actually contained wheat.

The story said the Food and Drug Administration and the US Department of Agriculture “fail to police store shelves” for products like Wellshire Kids' Dinosaur Shapes Chicken Bites. It said a “Tribune investigation revealed that the government rarely inspects food to find problems and doesn't punish companies that repeatedly violate labeling laws.”

The chicken bites and two more Wellshire Farm products that were labeled gluten free were tested in an independent laboratory and found to contain from 204 to 2,200 parts per million of gluten. The chicken bites, chicken corn dogs and beef corn dogs are no longer being produced by the company. 

Problems with the gluten- free products were discovered by mothers of two children with wheat allergies who suffered severe allergic reactions to the wheat in the chicken bites and had to go to the emergency room for treatment, according to the Tribune story. .
Subsequently, the mothers contacted the USDA, the FDA and the company but were largely ignored.

Currently, there are no specific regulations that govern foods that are labeled gluten free aside from a general rule that labels have to be truthful and not misleading. A much clearer definition is being considered by the FDA as part of the 2004 Food Allergen Labeling and Consumer Protection Act. If the proposed definition becomes final, foods labeled gluten free would have to be tested to prove they contain less than 20 parts per million of gluten.

The FDA would have the authority to inspect food manufacturing plants and to prosecute companies whose “gluten-free” products don’t meet the requirements of the definition. Although FALCPA set an August, 2008 deadline for the definition, the FDA has yet to finalize it. FALCPA does not cover food regulated by the USDA, but the agency has said in the past that it would be likely to adopt the same rules for gluten free food.

The Tribune story faulted both the USDA and the FDA for not enforcing existing labeling laws. The Tribune story said “an alarming number of products sold as allergen-free actually contain harmful amounts.”   To read the Chicago Tribune story, click on the following link, Children at risk in food roulette. 

A second story about “may contain” labels and the problems they create for allergic and gluten-free consumers appeared Sunday in the Tribune.  To read the story, click on the following link,  A recipe for disaster

For the first reaction to the Tribune story from a gluten-free food maker, read what Scott Mandell, president of Enjoy Life Foods, has to say by clicking on the following link:
Enjoy Life(R) Foods CEO Says Tribune Investigation on Mislabeling ...
MarketWatch - USA

Pesky "may contain" labels that complicate grocery shopping and limit food choices for those who follow the gluten-free diet came under scrutiny Tuesday at a public hearing by the Food and Drug Administration.

Consumer and food industry representatives both told the FDA that the advisory labels are being used more often by food companies and ignored more frequently by confused consumers.

When the top eight food allergens, including wheat, are used as an ingredient in food they must be listed on the food label under the Food Allergen Labeling and Consumer Protection Act. But the law does not cover allergens that accidentally get into food through cross-contamination. Companies sometimes voluntarily warn consumers about the potential for contamination by using the "may contain" labels.

Scott Mandell, president of the gluten-free food company Enjoy Life Foods, summed up the problem for gluten-free and allergic consumers. "Grocery stores are still a dangerous minefield," he said.

The FDA held the hearing to find out what makes a company use an advisory label, whether the labels are effective and how consumers would like to see them worded.

Although the hearing focused on food allergies, the labels present the same challenges to those who follow the gluten-free diet. Some gluten-free products also have advisory statements that say "Made in a plant that also produces wheat," or "Made on share equipment that also produces wheat." Also, many mainstream foods that appear to be gluten-free from the ingredients list also use the warning labels, making it hard to determine if they are actually safe for those who follow the gluten free diet. 

Industry representatives said "may contain" labels are supposed to protect allergic and intolerant consumers from risk and let them know they should not eat the product. But consumer advocates said many believe the advisory statements are really designed to protect companies from legal liability, do not understand them and simply ignore them. 

The FDA said the hearing is the first step in getting food manufacturers to use truthful, clear and effective advisory labels. The agency will accept public comments on advisory labels until January 14, 2009.

Submit written comments to:
Division of Dockets Management (HFA-305)
Food and Drug Administration
5630 Fishers Lane, Room 1061
Rockville, MD 20852.

Submit electronic comments to www.regulations.gov.

Note Docket number FDA-2008-N-0429 in all comments.

Watch for more detailed information about the hearing and the problem with "may contain" labels in the next issue of Gluten-Free Living, due out in December.

Information on how to get gluten-free school lunches for children with celiac disease is now available on the American Celiac Disease Alliance website.

Included is:
- A model 504 plan developed in conjunction with the Disability Rights Educational Defense Fund;
- Physician forms and information about special diets at school specific to each state;
- A sample physician statement;
- A sample gluten-free lunch menu.

The ACDA, a celiac advocacy group, went to experts in federal nutrition programs, school food service and disability rights for its information. In addition to parents, the website is designed to help teachers, administrators and food service workers.

The ACDA recently completed a survey that found that 90 percent of families send their child to school with a packed gluten-free lunch. Schools routinely tell parents their child does not qualify for gluten-free lunches or the school simply will not provide them, the survey found. Consequently, the majority of families do not approach the school about special accommodations for the gluten-free diet, according to the ACDA. 

But some children have 504 plans and have been able to get gluten-free lunches. The ACDA says this proves that when schools are pressed and realize they are required by law to accommodate the gluten-free diet, they do so. Still, the numbers are small and the ACDA is working to get all schools to offer gluten-free lunches to students with celiac disease. 

You'll find information about school lunches at www.americanceliac.org (click on school resources) or at www.americanceliac.org/studentscd.htm.

Do you find labels like ''may contain wheat,"or "made in a plant that also processes wheat" confusing? You can tell the FDA why at a public hearing on advisory-labeling that will be held on Sept 16. Go to www.cfsan.fda.gov and click on Allergens to register.

The hearing is designed for consumers with allergies and does not mention those who follow the gluten-free diet. But advisory labels play a role in the gluten-free diet because they can make it difficult to determine if a product is safe.

Information gathered from consumers and food processors at the hearing will be used to develop a long-term strategy for use of advisory labels, according to the FDA.