A specific type of Oreo cookie is being recalled after someone had an allergic reaction to milk, and milk was not declared on the label. It was however, listed in the precautionary statement - "Manufactured on equipment that processes milk.."
The precautionary label is not part of any official allergen labeling rule, so it doesn't provide protection. Basically you hope someone with a given allergy such as milk would see that and then avoid eating it. Didn't happen.
From FARRP - "FDA specifies that such [precautionary] labeling cannot be used as a substitute for good manufacturing practices such as allergen identification and control, cleaning of shared equipment, and segregation during processing. Some consumers believe manufacturers use precautionary labels as a way to protect themselves from legal action in case a food causes a reaction. This is not typically the case since this type of label should only be used by food manufacturers when there actually is a possibility (however small) that the food may contain an allergen which is not an ingredient but may be present as a result of the manufacturing process."
FDA Recall Notice
Mondelēz Global LLC Conducts Nationwide Voluntary - Recall of Oreo Fudge Cremes Product Sold in the U.S. Recall Due to Milk Allergen Not Listed in Ingredient LineOctober 28, 2016
Consumers Consumer Relations 1-855-535-5948
Media Laurie Guzzinati email@example.com +1-847-943-5678
View Product Photos
East Hanover, N.J. – Mondelez Global LLC announced today a nationwide voluntary recall in the United States, including the U.S. Territories of Puerto Rico, St. Croix and St. Thomas, of certain Oreo Fudge Cremes product, Original and Mint varieties, due to milk allergen not being declared in the ingredient list.
Mondelez Global LLC is taking this action out of an abundance of caution. Consumers may be informed about the potential presence of milk by an allergen advisory statement already included on the label (“Manufactured on equipment that processes milk....”). People who have an allergy or severe sensitivity to milk run the risk of serious or life-threatening allergic reaction if they consume this product.
The following product is being recalled:
DescriptionRetail UPCBest When Used By DatesOreo Fudge Cremes, Original variety (11.3 oz package) 0 44000 02694 3
19 AUG 16
20 AUG 16
14 SEP 16
13 OCT 16
14 OCT 16
17 OCT 16
(see code date on bottom left corner on back of package)
Oreo Fudge Cremes, Mint variety (11.3 oz. package) 0 44000 02696 7 20 AUG 16
21 AUG 16
14 SEP 16
15 SEP 16
16 SEP 16
17 OCT 16
18 OCT 16 (see code date on bottom left corner on back of package)
This recall is limited exclusively to this Oreo Fudge Cremes product, Original and Mint varieties, sold in the U.S., including the U.S. Territories of Puerto Rico, St. Croix and St. Thomas, and no other products are included in this recall. To date, one report of an allergic reaction has been received related to the above-listed “Best When Used By” dates. This recall is a result of analysis conducted by the FDA related to this product.
Consumers who have this product should not eat it and should discard any products they may have. Consumers can contact the company at 1-855-535-5948, 24 hours a day to get more information about the recall, and Consumer Relations specialists are available Monday – Friday, 9 a.m. to 6 p.m. ET.