Tuesday, June 16, 2020

FDA CONFIRMS THAT CORN IS EXEMPT FROM FDA LABELING REQUIREMENTS


             In response to my inquiries to the FDA in 2018 addressing corn labeling in food products (Case #00167188, #00167300, and #00168167), the FDA specifically stated that: “. . . while corn is not one of the eight major allergens, it still must be listed as an ingredient in foods that contain corn. Corn is not exempt from FDA labeling requirements.” (emphasis added) [1]

            Since the FDA made this declaration in 2018, I have been contesting their reply due to testimonies from the 12K+ members in our corn allergy support groups.  If corn is, in fact, NOT exempt from FDA labeling requirements, it would not be a daily struggle for survival for the corn allergy community. [2-6]


THE FDA CONFIRMS THAT CORN IS EXEMPT FROM FDA
 LABELING REQUIREMENTS 

            The FDA did not address the exemption of corn labeling in other products regulated by their agency; however, based on our personal experiences, we can assume that corn is also exempt from these products as well; e.g., “The FDA regulates a wide range of products, including foods (except for aspects of some meat, poultry and egg products, which are regulated by the U.S. Department of Agriculture); human and veterinary drugs; vaccines and other biological products; medical devices intended for human use; radiation-emitting electronic products; cosmetics; dietary supplements, and  tobacco products.” [7, 8-15]

 My June 8, 2020, Inquiry to the FDA Re: Conflicting Statements by the FDA Addressing Corn Labeling Requirements, Case #236408

“Based on the prior response by the FDA (Case #00167188, #00167300, and #00168167), which stated that “Corn is not exempt from FDA labeling requirements;” for the safety of corn-allergic consumers, we are appealing to the FDA to respond to this inquiry. The following products contain corn, so please explain why these manufacturers are not in violation of FDA labeling requirements. 

1.  Ingredients: Vegetable Oil (Soybean and/or Canola), Water, Sugar, Salt, Nonfat Buttermilk, Egg Yolk, Natural Flavors, Less Than 1% of: Spices, Garlic*, Onion*, Vinegar, Phosphoric Acid, Xanthan Gum, Modified Food Starch, Monosodium Glutamate, Artificial Flavors, Disodium Phosphate, Sorbic Acid and Calcium Disodium EDTA Added to Preserve Freshness, Disodium Inosinate & Guanylate.
*Dried
Contains: Milk, Soy, Egg.
[WHERE'S THE CORN?]

2.  INGREDIENTS: Cranberry Juice (water, cranberry juice concentrate), Grape Juice (water, grape juice concentrate), Apple Juice (water, apple juice concentrate), Pear Juice (water, pear juice concentrate), Natural Flavor, Pectin, Ascorbic Acid (vitamin C).
[WHERE'S THE CORN?]

3. Ingredients:
TOMATO PUREE (WATER, TOMATO PASTE), DICED TOMATOES IN TOMATO JUICE, SUGAR, GARLIC, DRIED ONION, SEA SALT, BASIL, EXTRA VIRGIN OLIVE OIL, CITRIC ACID (ACIDITY REGULATOR), OREGANO.
[WHERE'S THE CORN?]

4.  INGREDIENTS. Filtered Water, Coconut Oil, Food Starch-Modified (Potato & Tapioca), Sea Salt, Calcium Citrate, Cheddar Flavor (Vegan Sources), Sorbic Acid and/or Olive Extract (as a preservative), Beta Carotene & Paprika Extract (Color)
[WHERE'S THE CORN?]

Since corn is not labeled on these product labels, it could prove fatal to anaphylactic corn-allergic consumers.

POSSIBLE LIFE-THREATENING SCENARIO DUE TO THE LACK OF CORN LABELING: 

"A 17-year-old girl was diagnosed with an IgE-mediated allergy to corn, and was prescribed an epinephrine pen. The girl and her parents thought this meant just eliminating corn kernels from her diet, since her allergist didn't advise them of any other products to avoid. The teenager went shopping with her girlfriends, fully aware that she must avoid corn.  However, she suffered an anaphylactic reaction after drinking a bottle of 100% pure fruit juice; and died in the presence of her friends, and before the paramedics could treat her.  Sadly, she didn't have her epinephrine pen readily available, because she didn't suspect that she was consuming corn.  Her parents discovered that this particular brand of fruit juice contained ascorbic acid (confirmed that this was the source of the corn in this product).""

June 9, 2020, Response from the FDA, Case #236408

“The Food and Drug Administration’s (FDA) Food and Cosmetic Information Center (FCIC)/Technical Assistance Network (TAN) has prepared a response for case number 236408

Response: 

Thank you for your inquiry.

Congress designated eight foods or food groups as "major food allergens." These foods or food groups account for 90 percent of all food allergies. Although there are other foods to which sensitive individuals may react, the labels of packaged foods containing these other allergens are not required to be in compliance with Food Allergen Labeling Consumer Protection Act. If you feel that the products you have mentioned in your email are improperly labeled, please submit a complaint with the FDA Consumer Complaint Coordinator designated to serve your state.

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.

This communication is intended for the exclusive use of the inquirer and does not constitute an advisory opinion (21 CFR 10.85(k)).  Also note that this response is not intended to be a comprehensive list of all applicable requirements.  Please check FDA’s web page (www.fda.gov) regularly for guidance reflecting our current thinking.  Additional information on FSMA can be found on FDA’s FSMA web page (www.fda.gov/fsma).”

My June 13, 2020, Inquiry to the FDA to Request Final Determination Re: Corn Labeling in Foods, Case #236854

“Re:  Case #00167188, #00167300, #00168167, #236408

We would appreciate a final determination from the FDA for the above-referenced case numbers, since there appears to be a discrepancy with the answers we received from the FDA.  Please note that we are aware that since corn is not an "official allergen," corn allergen warnings are exempt from FDA labeling requirements.

Based on the FDA's most recent response to our inquiry, Case #236408, it appears that the FDA has made a final determination that "Corn is, in fact, exempt from FDA labeling requirements."

Is this correct?”

June 14, 2020, Response from the FDA, Case #236854

“The Food and Drug Administration’s (FDA) Food and Cosmetic Information Center (FCIC)/Technical Assistance Network (TAN) has prepared a response for case number 236854

Response: 

Thank you for your inquires [sic] regarding food allergen labeling.

The best information I can point you to regarding the labeling of allergens on FDA regulated food products can be found on the FDA webpage:


Please see question #6 which states:

Are there food allergens other than those directly addressed by FALCPA?

Congress designated eight foods or food groups as "major food allergens." These foods or food groups account for 90 percent of all food allergies. Although there are other foods to which sensitive individuals may react, the labels of packaged foods containing these other allergens are not required to be in compliance with FALCPA.  (emphasis added)

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.

This communication is intended for the exclusive use of the inquirer and does not constitute an advisory opinion (21 CFR 10.85(k)).  Also note that this response is not intended to be a comprehensive list of all applicable requirements.  Please check FDA’s web page (www.fda.gov) regularly for guidance reflecting our current thinking.  Additional information on FSMA can be found on FDA’s FSMA web page (www.fda.gov/fsma)."


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


References:

[1]  Corn/Corn-Derived Ingredients are Required on Food Labels, FDA's FCIC/TAN
[2] FDA ADDRESSED MY INQUIRY RE: ABSORBENT PADS USED FOR FRESH FOOD PRODUCTS
[3] FDA ADDRESSED MY INQUIRY RE: FALSE CORN-FREE CLAIMS BY COMPANIES WHOSE PRODUCTS CONTAIN INGREDIENTS DERIVED FROM CORN
[4] FDA CONFIRMS CORNSTARCH USED IN PACKAGING MATERIALS IS EXEMPT FROM PUBLIC DISCLOSURE
[5] FDA CONFIRMS STARCHES IN FOOD PRODUCTS MUST BE IDENTIFIED BY THEIR COMMON OR USUAL NAME
[6] FDA AND USDA CONFIRM THAT CORN-DERIVED ANTIMICROBIAL CHEMICALS APPLIED TO FRESH FOOD PRODUCTS ARE EXEMPT FROM PUBLIC DISCLOSURE
https://cornallergyadvocacyresources.blogspot.com/2020/06/fda-and-usda-confirm-that-corn-derived.html
[7] FDA Regulated Products
[8] PETITION: DRUG PRODUCTS W/DEXTROSE MUST BE UNIFORMLY CONTRAINDICATED FOR CORN-ALLERGIC PATIENTS
[9] My May 11, 2020, Email to the FDA Re: Corn-Derived Excipients in Vaccines
[10] My March 5, 2020, Email to the FDA Re: Dextrose (Corn Sugar), Code of Federal Regulation 21CFR184.1857, vs. Glucose (Blood Sugar)
[11] My June 2, 2020, Email to the World Allergy Organization (WAO) Re: Prescribing Drugs/Biologics for Patients with IgE-Mediated Allergies to Excipients
[12] My June 5, 2020, Email to the FDA Re: Emergency Mandate Requiring Contraindication Warnings be Listed for Drug/Biologic Products Based on the "Source of Excipients"
[13] My June 8, 2020, Appeal to My State Congressional Representatives Requesting Contraindication Warnings for Drug/Biologic Products Based on the “Source of Excipients”
[14] My June 16, 2020, Email to the FDA Re: Corn Labeling in Drug/Biologic Products
[15] PHARMACISTS CONFIRM THE STUDY OF NMIs (NON-MEDICINAL INGREDIENTS) IN DRUGS IS NOT PART OF CURRICULUM

Additional References:

Corn Allergy References, Surveys, Studies, Statistics, & Petitions
(Includes my submission to The Joint Commission, Congress, FDA, & U.S. Dept. of Health requesting emergency mandate that hospitals stock corn-free foods, liquids, & drugs.)

Corn Allergy: A Potentially Life-Threatening Diagnosis

Corn Allergy Statistics (Monthly)

Corn Products/Derivatives to Avoid with a Corn Allergy

[Imagine if this article was entitled: "Sesame Seed: It's Everything"]
Corn: It's Everything, Iowa Corn



2 comments:

  1. This is extremely irresponsible of FDA!! What about people allergic to corn? How are those people able to food won't poison them?! Definitely is poison when you look at the symptoms it causes. Absolutely ridiculous!!!!

    ReplyDelete
    Replies
    1. I consider this blatant discrimination against the corn allergy population, but I want to assure you that I am fighting for all of us.

      Delete

CLINICIANS: MEDICAL MALPRACTICE ALERT; DEXTROSE (CORNSTARCH SUGAR) CONTRAINDICATED FOR CORN-ALLERGIC PTS

CLINICIANS: MEDICAL MALPRACTICE ALERT DEXTROSE (CORNSTARCH SUGAR) CONTRAINDICATED FOR CORN-ALLERGIC PTS. https://cliniciansmedicalmalpractic...