According to the U.S. Food and Drug Administration, food manufacturers who intentionally add sesame to products and disclose it on the labels are not violating a new federal food allergy law.
The FDA denied a request from the Center for Science in the Public Interest, a food safety advocacy group, to stop a unintended consequence of the new law, which resulted in more companies adding sesame to their foods.
Food allergy experts state that more than 1.6 million people in the U.S. have a sesame allergy, which can lead to severe and potentially life-threatening reactions.
Sesame can be found not only in obvious places like sesame seeds on hamburger buns, but also in a wide range of products such as protein bars, ice cream, sauces, and spice mixes.
Restaurant chains like Olive Garden, Chick-Fil-A, and Wendy’s, as well as bread manufacturers, have started adding sesame to their products. They argue that the new federal regulations for preventing cross-contamination are so strict that it’s easier to include sesame as an ingredient and indicate it on the label than to try to keep it out of other foods and away from equipment.
However, food safety advocates argue that this practice puts people with sesame allergies at risk.
“It limits our choices and increases the risk to our community,” said Robert Earl, vice president of regulatory affairs for the nonprofit organization Food Allergy Research & Education.
Since the law went into effect, Earl has received reports of allergic reactions from people consuming previously “safe” restaurant foods that have had sesame added.
Dr. Ruchi Gupta, a pediatrician and director of the Center for Food Allergy & Asthma Research at Northwestern University, called the FDA’s decision “disappointing.” She hoped that the FDA would have taken measures to prevent or discourage the addition of sesame to foods in order to support those with sesame allergies.
The new law, which came into effect on January 1, requires all foods made and sold in the U.S. to be labeled if they contain sesame, which has been designated as the nation’s ninth major allergen by Congress. The food industry and manufacturers have expressed difficulties in eliminating cross-contamination risks, stating that it is expensive and impractical.
Advocates have been lobbying for years to include sesame in the list of major allergens, which currently includes milk, eggs, fish, shellfish, tree nuts, peanuts, wheat, and soybeans.
The FDA acknowledged the potential impact of added sesame on consumers and stated, “We recognize that this practice could make it more difficult for sesame allergic consumers to find foods that are safe for them to consume, an outcome that FDA does not support.”
The FDA also clarified that companies are not allowed to add sesame to the ingredient list or state that a product “may contain” sesame if it is not actually added.
Dr. Peter Lurie, executive director of CSPI, hoped that this clarification would encourage food manufacturers to act responsibly.
Representatives for Wendy’s and Olive Garden did not immediately respond to requests for comment.
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