Food businesses need to get warning labels right - Zoe Betts

Food and drink businesses should work together with regulators to improve current guidelines on allergen labelling which will improve clarity and consistency.

Zoe Betts is Legal Director and health and safety specialist at Pinsent Masons

A report by the UK's Food Standards Agency (FSA) raised concerns about the ongoing violations of food composition labelling requirements in respect of allergens. Despite recent updates on labelling guidance, the report found that following a decline in cases, incidents relating to undeclared or incorrectly declared allergens have returned to pre-pandemic levels.

The serious consequences of this are evident in cases such as the death of a 25-year-old British woman in the United States who died from anaphylactic shock after eating a Florentine biscuit which did not say it contained peanuts.

Ballet dancer Órla Baxendale was at a social gathering when she ate the snack from a grocery store chain in Connecticut, causing a severe allergic reaction. Ms Baxendale used an EpiPen but, tragically, it was unable to save her.

Labels must be accurate in terms of what food products do and do not contain (Picture: Adobe)

The FSA published an update to food Precautionary Allergen Labelling (PAL) guidance in September 2023, clarifying the use of the so-called “may contain” label by food producers. The updates followed a need for increased clarity and consistency, with research finding small and medium-sized businesses selling prepacked foods are often unsure of how and when to use PAL.

There are currently issues with under-labelling as well as over-labelling, with some food producers remaining unclear about which ingredients should be highlighted as allergens. Under-labelling can result in incidents such as the Baxendale case, with consumers eating products that may cause harm without knowing they are doing so.

Examples of over-labelling include “oats” being legally referred to as “gluten containing cereal”. This means oats must also be emphasised on packaging as an allergen, despite some being gluten-free and therefore safe for someone with a gluten intolerance. Over-labelling can also make the allergen issues less clear on packaging and thereby reduce food choices for consumers with allergies who are fearful of suffering adverse effects.

The issues in the current regulatory framework stem from the lack of scientific understanding and further scientific research is required to determine exactly what changes to guidance should look like.

At the moment, both over-labelling and under-labelling cause issues. We need further research to develop understanding of things like prevalence and severity of allergies in order to develop a labelling system that achieves a balance. Industry involvement is paramount, with business consultation as well as regular checks by authorities and businesses critical for the sought-after balance to be struck.For industry, any change must be properly thought through so that a proportionate response is provided, and one problem is not simply swapped for another. The report’s findings also reveal some potentially serious public safety issues relating to allergen declarations, reinforcing the continued need for regular checks by local authorities and businesses as part of routine testing and enforcement.

The Food and Drink Federation is producing guidance on the root cause analysis of allergen incidents, which is expected to be published this summer.

Zoe Betts, Legal Director and health and safety specialist at Pinsent Masons