Sesame Seeds Can Be Added to Foods Without Violating Allergy Law, Says FDA

According to a new federal food allergy regulation, food producers who purposefully incorporate sesame in products and list the ingredient on labels are not breaking the law, said the Food and Drug Administration.

A food safety advocacy group called the Center for Science in the Public Interest petitioned the FDA to stop an unanticipated result of the January law-more businesses adding sesame to goods that didn't previously have it. But the organization turned down the request, as reported by The Associated Press.

A New Approach to Marking Products With Sesame

(Photo : PAUL J. RICHARDS/AFP via Getty Images)
Recently released Burger King Halloween Whoppers are seen on October 5, 2015, in Centreville, Virginia. The burger, inspired by the Black Burger in Japan, is made with A-1 Steak sauce and food coloring, with a pitched-black bun covered with Sesame seeds.

According to experts on food allergies, sesame allergies affect more than 1.6 million Americans. Allergic reactions to certain foods can be severe and even fatal.

Sesame is being added to the menus of restaurants like Olive Garden, Chick-Fil-A, and Wendy's, and the bread is sold in grocery shops and schools.

Producers assert that given the strictness of the new federal laws aimed at preventing cross-contamination, it is simpler to add sesame and mark it on the label than to attempt to keep the ingredient away from other goods and equipment.

According to proponents of food safety, the approach jeopardizes those with a sesame allergy. Since the law went into effect, stories of allergic reactions occurring after consuming formerly "safe" restaurant items that contained sesame resurfaced.

Pediatrician Dr. Ruchi Gupta, who also serves as the director of Northwestern University's Center for Food Allergy & Asthma Research, described the FDA's decision as "disappointing."

Sesame was listed by Congress as the ninth major allergy in the country and must now be clearly labeled on all foods produced and sold in the United States if they contain it. The new rule went into effect on January 1st. Both manufacturers and specialists in the food sector agreed that it was unrealistic to expect producers to remove the possibility of cross-contamination altogether.

Due to years of advocacy, sesame has been added to the list of major allergies, including milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soybeans. The FDA highlighted the potential consequences for consumers of increased sesame. They also clarified that businesses cannot list sesame as an ingredient or state that a product "may contain" sesame when none has been added.

Food Allergy Law in the US

The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) is the main food allergy law in the United States.

It requires that all packaged foods that contain one of the eight major food allergens (milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, and soybeans) must be labeled with the name of the allergen source. This is important for people with food allergies, as even small amounts of an allergen can cause a reaction.

FALCPA is an important law that helps to protect people with food allergies. However, it is important to note that FALCPA does not apply to all foods. For example, it does not apply to fresh fruits and vegetables or foods served in restaurants.