FDA Enforcement of the Food Allergen Labeling Law

The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA) took effect January 2006, requiring any food that is labeled to include a declaration of the major food allergens present in the product. Although the law seems very straightforward identify the major allergens in food products and declare them on the labels complying with the law is not so easy. Since January 2006, there have been approximately 38 food recalls due to undeclared allergens.

This article explains the law’s requirements and examines some of the compliance difficulties manufacturers are facing. This article also addresses the Food and Drug Administration’s (FDA’s) enforcement options against companies and non-compliant products and what companies can do to reduce the chances of distributing a product containing an undeclared major food allergen.