FALCPA (Food Allergen Labeling and Consumer Protection Act of 2004) requires that the label of a food that is fabricated from two or more ingredients declare each ingredient by its common or usual name. It can do this either in the ingredient listing or it can highlight the allergens included in the product with a "Contains" statement. However, FDA provided further guidance that if the company chooses to use the "Contains" statement, all major allergens in the product must be listed. (FDA referenced documents below).
So in this case, while the ingredient egg was in the ingredient listing, it was missed in the "Contains' statement.
FDA Recall Notice
https://www.fda.gov/Safety/Recalls/ucm545747.htm
Gerber Issues Allergy Alert To Clarify Egg Labeling For Cheese Ravioli Pasta Pick-ups®
For Immediate Release
March 8, 2017
Contact
Consumers Gerber Parents Resource Center 1-800-510-7494
Media Cathy Dunn cathy.dunn@US.Nestle.com 973-593-7676
Gerber Products Company of Florham Park, New Jersey, is initiating a voluntary recall of Cheese Ravioli Gerber® Pasta Pick-Ups® because the egg allergen is missing from the “Contains” statement. The full ingredient list on the package does list “egg” as an ingredient; however, the “Contains” statement, designed to further alert parents to allergens in the recipe, did not include “egg” as is required. Only consumers who have an allergy or severe sensitivity to egg are at risk of serious allergic reaction if they consume this product.
Cheese Ravioli Gerber® Pasta Pick-Ups® (UPC code: 159070) was distributed nationally through retail stores and ecommerce and is limited to the United States. This voluntary recall impacts all packages of the Cheese Ravioli variety of Gerber® Pasta Pick-Ups®. All other Gerber products, including other Gerber® Pasta Pick-Ups® varieties, are appropriately labeled.
To date, no illness has been reported due to an allergic reaction to egg.
This labeling oversight was brought to our attention as a result of a consumer contact. Following our own internal review, we confirmed egg was included in the ingredient list, but was not listed in the “Contains” statement. Gerber is in the process of updating its food package labels to make it easier for parents to identify foods that contain allergens such as egg, milk and wheat. On updated packages, this information can be found in the “Contains” statement as well as the ingredient list.
Gerber regrets this oversight on our label. We encourage parents who have questions to contact us 24/7 at 1-800-510-7494.
About Gerber
Gerber was founded in 1928 in Fremont, Michigan. Gerber Products Company joined the Nestlé family on September 1, 2007. Gerber Products Company is a leader in early childhood nutrition.
Guidance for Industry: A Food Labeling Guide (6. Ingredient Lists)
https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutrition/ucm064880.htm#general
F13. How must major food allergens be declared on food labels to comply with FALCPA?
Answer: FALCPA requires food manufacturers to label food products that are made with an ingredient that is a major food allergen in one of the following two ways:
FDA Guidance
https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/ucm059116.htm
Guidance for Industry: Questions and Answers Regarding Food Allergens, including the Food Allergen Labeling and Consumer Protection Act of 2004 (Edition 4); Final Guidance
13. May a "Contains" statement on a food label provided in accordance with FALCPA list only the names of the food sources of the major food allergens that are not already identified in the ingredient list for a packaged food?
No. If a "Contains" statement is used on a food label, the statement must include the names of the food sources of all major food allergens used as ingredients in the packaged food. For example, if "sodium caseinate," "whey," "egg yolks," and "natural peanut flavor" are declared in a product's ingredients list, any "Contains" statement appearing on the label immediately after or adjacent to that statement is required to identify all three sources of the major food allergens present (e.g., "Contains milk, egg, peanuts") in the same type (i.e., print or font) size as that used for the ingredient list..
14. Is there more than one way to word a "Contains" statement used to declare the major food allergens in a packaged food?
Yes. The wording for a "Contains" statement may be limited to just stating the word "Contains" followed by the names of the food sources of all major food allergens that either are or are contained in ingredients used to make the packaged product. Alternatively, additional wording may be used for a "Contains" statement to more accurately describe the presence of any major food allergens, provided that the following three conditions are met:
Gerber Issues Allergy Alert To Clarify Egg Labeling For Cheese Ravioli Pasta Pick-ups®
For Immediate Release
March 8, 2017
Contact
Consumers Gerber Parents Resource Center 1-800-510-7494
Media Cathy Dunn cathy.dunn@US.Nestle.com 973-593-7676
Gerber Products Company of Florham Park, New Jersey, is initiating a voluntary recall of Cheese Ravioli Gerber® Pasta Pick-Ups® because the egg allergen is missing from the “Contains” statement. The full ingredient list on the package does list “egg” as an ingredient; however, the “Contains” statement, designed to further alert parents to allergens in the recipe, did not include “egg” as is required. Only consumers who have an allergy or severe sensitivity to egg are at risk of serious allergic reaction if they consume this product.
Cheese Ravioli Gerber® Pasta Pick-Ups® (UPC code: 159070) was distributed nationally through retail stores and ecommerce and is limited to the United States. This voluntary recall impacts all packages of the Cheese Ravioli variety of Gerber® Pasta Pick-Ups®. All other Gerber products, including other Gerber® Pasta Pick-Ups® varieties, are appropriately labeled.
To date, no illness has been reported due to an allergic reaction to egg.
This labeling oversight was brought to our attention as a result of a consumer contact. Following our own internal review, we confirmed egg was included in the ingredient list, but was not listed in the “Contains” statement. Gerber is in the process of updating its food package labels to make it easier for parents to identify foods that contain allergens such as egg, milk and wheat. On updated packages, this information can be found in the “Contains” statement as well as the ingredient list.
Gerber regrets this oversight on our label. We encourage parents who have questions to contact us 24/7 at 1-800-510-7494.
About Gerber
Gerber was founded in 1928 in Fremont, Michigan. Gerber Products Company joined the Nestlé family on September 1, 2007. Gerber Products Company is a leader in early childhood nutrition.
Guidance for Industry: A Food Labeling Guide (6. Ingredient Lists)
https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/LabelingNutrition/ucm064880.htm#general
F13. How must major food allergens be declared on food labels to comply with FALCPA?
Answer: FALCPA requires food manufacturers to label food products that are made with an ingredient that is a major food allergen in one of the following two ways:
FDA Guidance
https://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/ucm059116.htm
Guidance for Industry: Questions and Answers Regarding Food Allergens, including the Food Allergen Labeling and Consumer Protection Act of 2004 (Edition 4); Final Guidance
13. May a "Contains" statement on a food label provided in accordance with FALCPA list only the names of the food sources of the major food allergens that are not already identified in the ingredient list for a packaged food?
No. If a "Contains" statement is used on a food label, the statement must include the names of the food sources of all major food allergens used as ingredients in the packaged food. For example, if "sodium caseinate," "whey," "egg yolks," and "natural peanut flavor" are declared in a product's ingredients list, any "Contains" statement appearing on the label immediately after or adjacent to that statement is required to identify all three sources of the major food allergens present (e.g., "Contains milk, egg, peanuts") in the same type (i.e., print or font) size as that used for the ingredient list..
14. Is there more than one way to word a "Contains" statement used to declare the major food allergens in a packaged food?
Yes. The wording for a "Contains" statement may be limited to just stating the word "Contains" followed by the names of the food sources of all major food allergens that either are or are contained in ingredients used to make the packaged product. Alternatively, additional wording may be used for a "Contains" statement to more accurately describe the presence of any major food allergens, provided that the following three conditions are met:
- The word "Contains" with a capital "C" must be the first word used to begin a "Contains" statement. (The use of bolded text and punctuation within a "Contains" statement is optional.)
- The names of the food sources of the major food allergens declared on the food label must be the same as those specified in the FALCPA, except that the names of food sources may be expressed using singular terms versus plural terms (e.g., walnut versus walnuts) and the synonyms "soy" and "soya" may be substituted for the food source name "soybeans."
- If included on a food label, the "Contains" statement must identify the names of the food sources for all major food allergens that either are in the food or are contained in ingredients of the food.
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