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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