Many sufferers of allergies arising out of products of animal origin, for example lactose from dairy, have rightly identified that food shopping is fraught with difficulties and the range of truly ‘safe’ products is small. They have therefore found a workaround to scouring the shelves by buying vegan products.
In response to this, the FSA issued new advice at the beginning of the year, highlighting the risk of food labeled as vegan to people suffering from allergies. The FSA’s research found that 62% of such consumers are confident that products labeled ‘vegan’ are safe to eat. The FSA advises that vegan labels cannot be relied upon due to the risk of cross-contamination with animal-based allergens if produced in the same factory as animal-based products.
The advice from the FSA to food businesses producing vegan products is to use a precautionary allergen label (PAL) alongside the ‘vegan’ label if there is any doubt. Previously, the FSA advised that PALs should only be used where there is a genuine and known risk of cross-contamination. While this could be open to abuse, a PAL is currently the only way for food businesses to safeguard consumers and themselves.
This is just another example of the complexity and difficulties for both consumers with allergies and food businesses making and supplying food for the market.
If you are concerned about allergen labelling or procedures in your business and would like some legal advice, please contact our Regulatory Team.