Labeling Free-From Foods for the US

With no regulation in place for the health claim ‘free-from’ in the US, and no industry consensus to differentiate the term from ‘allergy-free’, brand manufacturers need to take extra care to protect the health and safety of consumers. In this edition, our US experts share their thoughts on making ‘free-from’ claims.

With allergens on the rise worldwide, and more people opting for cleaner and more natural diets, it has never been more important to trust our food labels and make confident decisions about what we consume.  

But what does the term ‘free-from’ mean? A lack of standardization across the market has resulted in the term being interpreted differently among consumers. To some, it might mean free from some or all or the major serious allergens, including nuts and milk. To others, the term ‘free-from’ might be less about the safety aspect and more about specific dietary requirements, such as free from gluten or a certain type of fat, or free from additives such as artificial flavors, colors and preservatives. 

This is backed up by research from Mintel, which revealed that 84 percent of American free-from consumers buy these products because they are seeking out more natural, or processed, foods. Within this research, 43 percent of consumers agreed that free-from foods are healthier than foods without a free-from claim¹. 

However it’s interpreted, the ever-growing demand for free-from products is being met by companies launching a range of new foods which can cater to all – whether allergy sufferers, people with intolerances, or to those who are motivated by specific dietary restrictions (e.g. proactively avoiding ingredients such as dairy, glucose and lactose).

Given all of this though, it’s surprising to see that there is still no regulation in the US for the use of ‘free-from’ health claims (with the exception of Gluten). With the term open to interpretation, there is a risk that consumers may pick up a product understanding it to be one thing, but in fact, it being another. For example, a product that bears a ‘free-from milk’ statement may also be made in a facility which handles milk (and therefore may be included as an allergen warning).  

‘Free-From Gluten’

Gluten-Free

Gluten is naturally occurring but it can be extracted, concentrated, and/or added to food or other products. The ingredient can add protein, texture and flavor, but it also works as a binding agent to hold processed foods together. 

Some consumers can have an intolerance to gluten or have a condition known as Celiac Disease, which is when the immune system attacks the body’s own tissues when gluten is consumed, preventing any nutrients from being absorbed. Physical symptoms can include abdominal pain, bloating, and fatigue. 

Adding the statement ‘Gluten-Free’ (or any of its other recognised names: No Gluten / Free of Gluten / Without Gluten) to a food label is a voluntary contribution, often at the manufacturer’s discretion. 

According to the Food and Drug Administration (FDA), if a product claims to be gluten-free on the package, then it is most likely safe to eat as the FDA only allows packaged foods with less than 20 parts per million (ppm) of gluten to be labeled “gluten-free.” It’s also important to remember that “wheat-free” does not necessarily mean “gluten-free.”

If ‘Gluten-free’ is used though, it must comply with the FDA’s regulations, which govern the majority of food labeling requirements in the US:

• Products must not contain more than 20 parts per million (ppm) of gluten

(Other countries and international bodies use this same criteria)

• Must not contain any wheat/rye/barley or crossbreeds of these grains 
• Must not contain any ingredient derived from wheat/rye/barley that hasn’t been processed to remove gluten
• Must not contain any ingredient derived from wheat/rye/barley that has been processed to remove gluten, but more than 20ppm remains.

Whether manufactured or naturally-occurring, brands using the statement on-pack must meet the same criteria listed above by the FDA in order for it to be approved to bear the ‘Gluten-Free’ statement. 

What Claims are in Place for Gluten? 

There are many health claim restrictions in place, all of which are designed to ensure that the consumer is not misled in anyway. For example, products that are naturally free from gluten (such as spring water, fruit, and vegetables) cannot display the statement ‘free-from gluten’ because it would be misleading to suggest that other similar products are not free-from. 

For more information, please see the FDA’s regulations on Gluten and Food Labeling. 

CONCLUSION

With the rapid increase in allergen sufferers globally, new innovations in the ‘free-from’ market are providing even more safe choices to those with food allergies or intolerances. However, due to a lack of standardization across the market for the use of ‘free-from’ health claims on pack, it can also be difficult for consumers to understand which products will be safe for them and which might not.  

A fine balance must be struck between what brands must include by law on product labeling, and what information they believe will ultimately protect the health and safety of their consumers. Not labeling products as ‘Gluten Free’, for example, may also be inadvertently limiting consumer choices. 

1 | https://www.mintel.com/press-centre/food-and-drink/84-of-americans-buy-free-from-foods-because-they-believe-them-to-be-more-natural-or-less-processed