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

Please indicate the type of mislabeling complaint you are submitting:

Report of a manufacturer having incomplete product labels including the lack of a warning statement highlighting one or more allergenic ingredients.
Report of a manufacturer having allergenic ingredients included in the product that are not listed on the label.
Did any of your family/friends have an allergic reaction given the inaccurate label?
Yes
No
Manufacturer Name(required)
Product Name / Description(required)
Product Code Embossed or Stamped(required)
Please describe the Incomplete and / or Inaccurate Label(required)
Have you previously contacted this manufacturer to inform it of the inaccuracies?
Yes
No
Can you be reached for further questions?
Yes
No
If yes, how should we contact you?
Email Address(valid email required)
Telephone
Respondent Information:
Name
Address
City
State
Zip / Mailing Code

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Labeling Complaints

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