What's in a label? - Blog Post #4

I often hear people say, "The label looks fine, so it's safe." Unfortunately, that's not always the case. Canadian allergen labelling is confusing for many and when I first started on this journey, I used to think "that label looks safe". When researching food labelling laws when my son's allergy was first diagnosed, here is what I discovered.

• The priority allergens that must be labelled in Canada are: tree nuts (almonds, Brazil nuts, cashews, hazelnuts, macadamia nuts, pecans, pine nuts, pistachios, walnuts), peanuts, sesame, wheat, eggs, milk, soy, crustaceans, shellfish, fish, and mustard seeds. Gluten sources and sulphites must also be declared.
• When a priority allergen is present in a product, it must be declared in plain language in the ingredient list OR in a "contains" statement immediately below the ingredient list. For example, milk must be labeled “milk” and not “casein” or "whey". This also means that a "contains" statement is not required, which is why the ingredient list should be read every time.
• Soybean, tree nut, sesame, and fish oils must only be labelled as food allergens if the oil hasn't been highly refined to remove the protein - proof from the manufacturer is required. The only exception is peanut oil: all peanut oil, regardless if it is highly refined or not, must be labelled as a food allergen.
• Precautionary labelling or "may contain" statements are NOT required by Canadian law, only recommended. This leaves the decision in the hands of the manufacturer. However, any precautionary statements must be true, clear and not confusing. Precautionary statements must not be used as a substitute for good manufacturing practices nor should they be used when an allergen is deliberately added to food.

Do I always trust the label? That answer isn't as straight forward as you may think. I used to think that some products were more high risk than others, such as dessert items and ethnic foods. I would routinely contact those manufacturers to find out more information if their label and/or website didn't provide me with the information I required. I didn't used to call every company because some products I (incorrectly) assumed would be fine if peanuts weren't listed in the ingredient label. That changed a few years ago and now I call every time. Why - that seems like unnecessary work? Here are some of the reasons why I call - every. single. time.

• My local corner store had a new item - chocolate croissants. The front of the package said peanut free, so I purchased it. When I got home, I read the back and noticed that after the ingredient list it said "may contain nuts". Hmmmm, that's confusing. Does the word "nuts" mean peanuts or tree nuts or both? Does that mean the logo on the front is wrong? I emailed the company to find out and guess what?! They explained to me the difference between peanuts and tree nuts but never answered any of my questions regarding their label, what their term "nuts" meant, or why it was labelled that way. I responded and told them I understand the difference between peanuts and tree nuts but that sometimes they can be grouped together as "nuts" and I asked the same questions again. I never received a reply. That company is now off my list.
• I saw a box of cookies. These cookies had the peanut free logo on the package. However, I noticed that there were M&Ms in the cookies. I flipped it over and sure enough - "may contain peanuts and tree nuts". M&Ms are not a safe item for anyone with a nut allergy - the company will tell you just that. Technically, this packaging was not "false" because the logo said "peanut free". There is a huge difference between the "peanut free" logo and the "made in a peanut free facility" logo. These cookies were peanut free; however, they were not free of cross contamination. Items like these can be reported but they are still out there.
• I regularly used to purchase a specific brand of organic pasta sauce. I had researched the item by visiting their website. The company did not make any products that contained peanuts or tree nuts. I assumed (incorrectly), that the item was safe. When I was researching items to sell at No Nuts About Us, I sent my extensive list of questions to this company in hopes of carrying their products. It was then that I found out that they run peanut butter on the same production lines as the sauce. I was shocked. This was a reminder that even though a company doesn't make any items with an allergen, it does not mean that they don't share a facility with other manufacturers or they themselves make products for other brands. This company has also been removed from my safe list and I am so thankful my son did not react. It only takes one time to have a small error in the manufacturing plant to have horrible consequences.
• I heard through several allergy groups online that all Nestle chocolate bars are safe because Nestle has told some consumers that they label "may contain" if the product is made on shared lines. We had been sticking to the minis, and some holiday full size bars, that are guaranteed to be made in their nut free facility. I tend to err on the side of caution and even more so with dessert items. I contacted Nestle myself and here is what I was told: "We don't have any way to differentiate which products are manufactured on shared-and-disinfected production lines. Our "Peanut-Free Promise" (noted by the Peanut-Free symbol on our Favourites bars) are produced in a facility that doesn't process peanuts at all. Otherwise, products that don't list any of the priority allergens in or by the ingredients list may or may not share a disinfected line with other products."

This also brings me to nut free logos. Many parents trust these logos and regularly purchase these items for school snacks. Unfortunately, these logos are not regulated in Canada. Manufacturers have created these logos and there are a variety of them. I've seen "peanut free", "peanut and tree nut free", "made in a peanut free facility", "made in a peanut/nut free facility". The first two only tell me that the items doesn't contain peanut or tree nuts in the ingredient list. This does not necessarily mean that the item is safe. The second two actually provide more transparency as they state the facility is free of those items. Something to keep in mind if your child attends a nut aware school, often there is a "may contain tree nuts" on the back of peanut free logo items.

Many people believe that manufacturers would not leave off a "may contain" label if they thought there was a chance of cross contamination due to the chance of legal action. Cross contamination can happen in a shared facility, on shared production lines or equipment, or be passed on from suppliers. The fact is that precautionary labels are not required and a manufacturer has to label for items deliberately added to a food but they are still not required to label for any cross contamination. Can they purposely mislead the consumer - no, but frankly, there is a lot of grey area in there.

Sure, there are companies out there who do have a conscience and believe in doing the right thing. These companies follow the same stringent protocols required by the Canadian Food Inspection Agency as all other manufacturers; however, they have the conscience to be fully transparent with their customers so that the consumer can make an educated choice. These companies have allergen information readily available on their packaging, website and via telephone so that they can assure their customers that they take life-threatening allergies seriously. These companies will answer any questions you may have fully and in detail and are happy to do so. These are the companies I choose to give my business to.

On the flip side, there are far more companies that are in the business of making money and as long as they follow the law when manufacturing and labelling their products, they are ok with the status quo. Sure, they follow the rules, but they don't go any further to assist the consumer in making an educated decision. These companies often provide you with conflicting statements - they say one thing but they do another (as evidenced by Nestle when they tell some people that they label for shared lines and they tell others something different). These companies will give a standard line of "we follow the labelling requirements in Canada" when asked directly about what allergens are present in their facility. There is nothing that frustrates me more than contacting a company and asking specific questions only to be given the standard canned response and no answers to my questions. That makes me remove their company name from my shopping list.

There are millions of allergic individuals in Canada and obviously many of them trust the label. There is no fault in that because every person has their own comfort level when it comes to their food allergies. There is also a wide range of severity when it comes to food allergies. Some people have had mild reactions and severe reactions to the same food; reactions can change. Should we judge those who trust the label and never call companies to find out more - absolutely not. However, the reverse is also true, and we should not judge those that call every time because that is what makes them feel comfortable. Whether you choose to trust the label or if you choose to call every time, my hope is that we can all stay safe in a world full of allergens. Until one day when there may be a cure.