The Food Allergen Labeling and Consumer Protection Act: The Requirements Enacted, Challenges Presented, and Strategies Fathomed

Abstract

The Food Allergen Labeling and Consumer Protection Act ("Food Allergen Act") was signed into law on August 3, 2004. Allergic consumers, parents of allergic children, and consumer groups laud the new law for making it easier to identify potentially deadly allergens in foods and for unveiling allergens previously hidden in foods. Although the statute is relatively simple and straightforward, it has some surprising twists. The paper introduces the problem of food allergens, describes the history of food allergen labeling and the reasons leading up to the enactment of the Food Allergen Act, explains the provisions of the Act, and examines the challenges presented by the requirements of the Act.

Keywords: food law, allergen, FALCPA, FDA, FDCA, labeling, consumer protection