Labeling Complaints
The Food Allergy Labeling and Consumer Protection Act of 2004 requires manufacturers to identify in plain language the presence of any of the eight major food allergens. It also requires food labels to indicate the presence of potential allergens used in spices, flavorings, additives and colorings, previously exempt from allergen labeling, which put people at risk for hidden ingredients. There are several shortfalls of this law including no minimum level of allergen required for labeling and the law remains silent on issues of “may contain” and similar advisory statements.
The greatest deficiency, however, of the 2004 act is the lack of repercussions and/or penalties for those manufacturers not adhering to the law’s specifications. As a result, manufacturers are not monitored for accuracy of labeling and no procedures or actions are dictated to respond to labeling inaccuracies. Instead, any recall of product is a voluntary response often not followed by manufacturers who receive mislabeling complaints.
Therefore, as part of ELL’s primary mission, it seeks to maintain a database of information that includes reports of manufacturers having either incomplete labeling of allergy ingredients and/or inaccurate labels that do not reflect the actual ingredients included in the product. This information will be shared with the consumer community in an attempt to better protect allergenic individuals. It will also be shared with the respective manufacturer, as well as government officials, as we seek to demonstrate the critical need for improved regulations to further ensure safety in the products that we consume.
To report a labeling error, please click HERE.
Once a report is submitted, ELL will contact the manufacturer to allow them the opportunity to respond to us, and more importantly, to the public by recalling and/or reengineering their product packaging and labeling.
Note, individual names of those having submitted a report will be held strictly confidential and will NOT be listed among the information disseminated.
Database of Complaints of Manufacturer Mislabeling Reports
The most current list of manufacturer reports is presented in the chart below. All of this information has been provided by consumers such as yourself and it has been disseminated to those having registered to receive this information as reports are generated.
| ID |
Manufacturer Name |
Product Name |
Labelling Issue |
Manufacturer Response |
| 0017 |
Enrico’s |
All Natural Pizza Sauce |
Manufactured on a line that also processes tree nuts. They said sanitation practices are used, however, nothing is on the label stating they also process tree nuts.
|
Awaiting Reply |
| 0016 |
Butterball |
All Brands |
Butterball is currently labeling “vegetable oil” on all their products. The “vegetable” they are using is soybean and PEANUT oil. They state that they do not have to label for oils, so they don’t. |
Awaiting Reply |
| 0015 |
PictSweet |
Green Beans |
Daughter had an allergic reaction. Suspects hazlenut. |
Awaiting Reply |
| 0014 |
Brach’s Confections |
Candy Corn |
The 9oz. package states made in a facility where the bigger package states that it is run on the same lines as the allergens. |
Awaiting Reply |
| 0013 |
Dominiks/Safeway (Freed’s Bakery) |
Mini Chocolate Cupcakes |
Processed on same equipment with tree nuts. No warning label. |
View Response Here |
| 0012 |
Nature’s Way (Kraft Foods) |
Mini Classic Creme Cookies |
Rep says it is processed on shared equipment (peanuts), but does not have a warning label |
Awaiting Reply |
| 0011 |
Nature’s Path |
Vanilla Cookies |
Made in a facility with eggs |
Awaiting Reply |
| 0010 |
Tofutti |
Vanilla Cuties Frozen Dessert |
Son had anaphylactic reaction. Product tested at U of Neb. and contained 10 ppm milk protein. No warning on the label. |
Refused to take action |
| 0009 |
Whole Foods |
Assorted Bark - Chocolate and Pretzels |
Undeclared Peanuts |
Awaiting Reply |
| 0008 |
Tofutti |
Vanilla Cuties Frozen Dessert |
Son had reaction. Likely cross-contamination with peanut and/or dairy. No warning on the label. |
Awaiting Reply |
| 0007 |
AstraZeneca |
Pulmicort Flexhaler |
Contains milk protein, but not identified on product label. Only in fine print within the patient instructions does it state that it contains lactose. |
Awaiting Reply |
| 0006 |
Nabisco |
Oreo Cookies |
They make a peanut butter variety, but no shared equipment/made in facility warning |
Awaiting Reply |
| 0005 |
Back to Nature |
Harvest Whole Wheats and Cheese Crisps |
No allergen advisory |
Awaiting Reply |
| 0004 |
Whole Foods (PL) |
Whole Foods brand chocolate soy cream |
No allergen advisory. Son experienced allergic reaction. Possible cross-contamination of milk, egg, peanut, or tree nut |
Awaiting Reply |
| 0003 |
Pilgrim’s Pride |
Fresh chicken enhanced with chicken broth |
Company would not provide the ingredients of the “chicken broth”. Chicken broth commonly contains butter. |
View Response Here |
| 0002 |
Kemp’s LLC |
Timberlodge Mint Ice Cream |
Did not clearly label peanut presence |
Awaiting Reply |
| 0001 |
Pepperidge Farms |
Whole Grain White Bread |
Wheat, Milk, and Soy ingredients not identified on label |
Awaiting Reply |
|
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