Does FDA ever intend to take public enforcement action against manufacturers misbranding products gluten-free that list malt ingredients?
As of May 23, 2022, FDA has not taken any public enforcement action on misbranded products labeled gluten-free yet listing malt, malt extract, malt syrup, or malt vinegar in the ingredients (all made from barley unless another source is declared, such as corn malt).
On February 23, 2022, Gluten Free Watchdog sent a letter to Susan Mayne, PhD, Director of FDA’s Center for Food Safety and Applied Nutrition. The letter stated in part:
“We are deeply concerned that the gluten-free labeling rule (21 CFR § 101.91) is not being enforced by FDA… There has not been any public FDA enforcement action for misbranded products labeled gluten-free listing a barley ingredient, namely malt, malt syrup, malt extract, or malt vinegar… The stated objective of FDA’s regulatory programs is to assure compliance with the Federal Food, Drug, and Cosmetic Act. As a community, we would like to hear from FDA... Does the agency intend to take enforcement action against manufacturers labeling products gluten-free that list malt, malt syrup, malt extract, or malt vinegar in the ingredients?”
While Dr. Mayne’s office replied that our letter was shared with relevant experts, we have not received a response to our central question. Please help urge FDA to respond. Take 5 minutes to send an email, postcard, or tweet to Dr. Mayne asking: Does FDA intend to take public enforcement action against manufacturers misbranding products gluten-free that list malt, malt syrup, malt extract, or malt vinegar in the ingredients?
Susan Mayne, PhD
5001 Campus Drive
College Park, MD 20740-3835