FSA urge “vegan” doesn’t mean allergen free

From shoosmiths.com

What matters

Food businesses should understand the importance of using precautionary allergen labelling (PAL),  which should only be used where there is a known risk of cross-contamination following a thorough risk assessment.

What matters next

Food businesses should review their labelling and any marketing claims to ensure that allergen information is communicated to consumers in a clear and consistent manner.  PAL should be used alongside a vegan label where cross-contamination cannot be ruled out.

The Food Standards Agency (FSA) has launched a campaign highlighting the risks of food labelled as vegan to people with allergies. 

Research from the FSA has shown that 62% of consumers with an animal-based allergy were confident that products labelled as ‘vegan’ were safe to eat. The FSA says this confidence is incorrect and is putting people at risk. The campaign, which can be visited here, is to support people who have allergies to milk, eggs, fish and crustaceans or molluscs, and encourages people with allergies, or who buy food for someone with allergies, to always check for a precautionary allergen statement such as ‘may contain’, on products labelled 'vegan' to decide on whether it’s safe to eat.

The research from the FSA found:

• 54% of people who react to products of animal origin have used vegan labelling to indicate whether a food is safe to eat at least sometimes when buying packaged food
• 53% of those who buy for someone with a food hypersensitivity to products of animal origin have used vegan labelling in this way at least sometimes when buying packaged food, and
• 29% of people who react to or buy for those who react to products of animal origin were not aware they should check for a precautionary allergen label on vegan products to inform a decision on whether it’s safe to eat.

Emily Miles, CEO of the FSA said:

“It’s concerning that so many people who are allergic to milk, eggs, fish and crustaceans or molluscs believe food labelled as ‘Vegan’ is safe for them to eat because they assume it doesn't contain products of animal origin.

Unfortunately, the reality of food production means there is still a risk of cross-contamination with animal-based allergens in vegan and plant-based products if produced in the same factory as animal-based products.”

The campaign also explains how a ‘free-from’ label, is different to a vegan or plant-based label. Vegan labels are used to support a dietary choice, and do not intentionally contain products of animal origin. However, vegan food can still be prepared in areas alongside products such as egg, milk, fish, crustaceans or molluscs, whereas free-from foods are not.

To use a free-from label, food businesses must follow strict processes to eliminate risks of cross-contamination so that they do not contain any of the allergen(s) that they claim to be free-from.

Following a consultation on precautionary allergen labelling (which we discussed in our previous article FSA consultation: Precautionary allergen labelling ‘may contain’ confusing information), the FSA has updated its food labelling technical guidance for food businesses. The update advises businesses to use a precautionary allergen label alongside a vegan label, if cross-contamination cannot be ruled out.

Disclaimer

This information is for educational purposes only and does not constitute legal advice. It is recommended that specific professional advice is sought before acting on any of the information given. © Shoosmiths LLP 2024.

https://www.shoosmiths.com/insights/articles/fsa-urge-vegan-doesnt-mean-allergen-free