We are all keenly aware that the FDA requires specific allergen labeling for packaged foods and we know that we need to strive to do it correctly because the FDA has really taken notice. In fact, failure to properly label for allergens is now one of the most frequent reasons for recalls in the United States. Many of us may not know, despite the fact that we export a significant amount of food to Canada, that until very recently, allergen labeling was voluntary for foods sold in Canada, according to the rules set forth by the Canadian Food Inspection Agency. That has now changed. As of earlier this month, compliance with new Canadian regulations requiring allergen labeling became mandatory. Canada's new allergen labeling regulations differ from its U.S. FDA counterparts in several ways, including as regarding celiac disease and sulfite sensitivity.
If you sell into the Canadian market, or if you repackage goods for sale in the U.S. that had been originally labeled for sale in Canada, I'd recommend becoming familiar with the new rules.
Varnum's Food Law practice includes more than a dozen attorneys experienced in the sophisticated areas of law that apply to food regulation. We help regulated businesses bring their products to market. In particular, we counsel USDA- and FDA-regulated businesses in the following areas:
Product labeling, advertising and other promotional materials.
The regulatory scheme affecting or governing such products, including mandatory and voluntary submissions (FDA-required petitions and notifications) and...