Thursday, May 28, 2020

FDA ADDRESSED MY INQUIRY RE: FALSE CORN-FREE CLAIMS BY COMPANIES WHOSE PRODUCTS CONTAIN INGREDIENTS DERIVED FROM CORN

My May 27, 2020, Inquiry to the FDA Re: False Corn-Free Claims by Companies When Their Products Contain Ingredients Derived from Corn, Case #235445

"Can a food manufacturer claim their product is free of the "Top 8" allergens if even one of the ingredients is derived from one of these allergens?  In addition, can a food manufacturer claim their product is "corn free" if any of the ingredients are derived from corn? 

I am fully aware that corn allergen warnings are exempt from FDA labeling requirements.  My only concern addresses corn-free claims for products containing corn-derived ingredients."

May 28, 2020, Response from the FDA

"The Food and Drug Administration’s (FDA) Food and Cosmetic Information Center (FCIC)/Technical Assistance Network (TAN) has prepared a response for case number 235445.

Response:

Thank you for your inquiry to the FDA Food & Cosmetics Information Center. You have questions concerning food labeling.

The Food Allergen Labeling & Consumer Protection Act of 2004 (FALCPA) is the federal law that establishes labeling requirements for any of the eight major allergens identified in the law.

Although more than 160 foods can cause allergic reactions in people with food allergies, the law identifies the eight most common allergenic foods (and, as you note, corn is not among them). [emphasis added]  These foods account for 90 percent of food allergic reactions, and are the food sources from which many other ingredients are derived (such as whey from milk). FALCPA requires that food labels identify the food source names of all major food allergens used to make the food.

For additional information, see Frequently Asked Questions about Food Allergies.

However, you are focusing on claims made about the product ("corn-free"). Federal laws including the Food, Drug & Cosmetics Act and the Fair Packaging & Labeling Act require that information on product labels be "truthful and not misleading to consumers." [emphasis added]

If you encounter a label that you believe is misleading, you can report it to an FDA Consumer Complaint Coordinator, who will investigate it. In [the state] where you reside, you can call our coordinator toll-free [FDA Consumer Complaint Coordinators:  https://www.fda.gov/safety/report-problem-fda/consumer-complaint-coordinators].


Thank you for contacting FDA’s FCIC/TAN.

View popular Food Safety Modernization Act (FSMA) questions and answers identified by the Technical Assistance Network (TAN), on our website."

Important  Note to Corn-Allergic Consumers:

When filing a complaint with your state’s FDA consumer complaint coordinator, they require that you submit photos of all sides of the packaging.  It is also important, but not required, that you save your receipt to document the date and place of purchase.

I have filed numerous complaints with my state’s FDA consumer complaint coordinator for products that claimed to be free from corn; but, in fact, contained ingredients derived from corn.  However, these companies continue to falsely advertise their products as “corn free.”  Therefore, I recommend that you file reports with the health department in the county/state where the manufacturer is located. 


Diane H., Corn Allergy Advocate
Corn Allergy Advocacy/Resources
Twitter:  @CornAllergy911



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