FDA Requires New Labeling for Packaged Food Products Containing Major Allergens - Effective For Products Labeled On/After January 1 -

The Food and Drug Administration (FDA) has issued a press release and other information on a new requirement that food ingredient labels clearly state if packaged food products contain any ingredients (including a flavoring, coloring, or incidental additive) that is or contains protein from a "major food allergen" which includes milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, or soybeans. This new requirement is effective for food products that are labeled on or after January 1, 2006. According to the FDA, this new labeling requirement is required under the Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA), which applies to both domestically manufactured and imported packaged foods (including conventional foods, dietary supplements, infant formula, and medical foods) that are subject to FDA regulation. Among other things, raw agricultural commodities (generally fresh fruits and vegetables) are exempt from the new labeling requirement. Food products labeled before January 1, 2006 are not required to be relabeled or removed from shelves. The FDA explains that FALCPA does not require food manufacturers or retailers to relabel or remove from grocery or supermarket shelves products that do not reflect the additional allergen labeling as long as the products were labeled before the effective date (i.e., January 1, 2006). FDA Press Release available at http://www.fda.gov/bbs/topics/NEWS/2005/NEW01281.html FDA Guidance for Industry on Food Allergen Labeling available at http://www.cfsan.fda.gov/~dms/alrguid2.html

Any questions contact Tony Collini by phone at 410-863-0211 or tonyc@jsconnor.com.