Help Stop Labeling Violations under the Gluten-Free Rule
August 23, 2017
Gluten Free Watchdog’s Citizen Petition has posted to the FDA docket. Please read the petition and comment. Please ask others to comment too. The petition is available at: https://www.regulations.gov/docket?D=FDA-2017-P-5118
Sample comment to cut and paste into the docket:
Too many products are labeled gluten-free yet contain ingredients (e.g., barley malt) not allowed in labeled gluten-free foods. I support Gluten Free Watchdog’s citizen petition asking FDA to establish new reporting and investigation processes to address facial misbranding violations under the gluten-free labeling rule.
What is facial misbranding? We are defining facial misbranding to be when a product label displays a “gluten-free” claim but the ingredients list includes an ingredient that is prohibited under FDA rules from being contained in any product labeled “gluten-free” (e.g., barley malt, barley malt extract, barley malt syrup, wheat [except in limited circumstances with clear additional markings and language]).
What is an example of facial misbranding? Chips labeled gluten-free yet containing barley malt extract are facially misbranded. And soy sauce labeled gluten-free yet containing wheat is facially misbranded.
Is facial misbranding that big of a problem? Yes. See Foods Labeled Gluten-Free Yet Containing Barley Malt Ingredients available at: https://www.glutenfreewatchdog.org/news/foods-labeled-gluten-free-yet-containing-barley-malt-ingredients/ and Products Labeled Gluten-Free Yet Containing Wheat-Based Soy Sauce available at: https://www.glutenfreewatchdog.org/news/products-labeled-gluten-free-yet-containing-wheat-based-soy-sauce/
What we are asking of FDA:
- Electronic Consumer Reporting
FDA should establish a reporting system on its website for consumers/consumer groups to electronically report Facial Misbranding to FDA. Because Facial Misbranding is plainly evident from the face of the label itself, the reporting would need only require the uploading of product photos that illustrate the gluten-free claim and the ingredients list (e.g., the photos attached as Attachments 1 through 6), along with a simple form for consumer input of relevant information such as product name, “Best by” or “Use by” dates and lot numbers.
- Warning Letters and/or a “Facial Misbranding Initiative”
In order to curtail consumer exposure to misbranded and dangerous products, FDA should routinely issue a Warning Letter based on Facial Misbranding within thirty (30) days of receipt of an electronically submitted report demonstrating Facial Misbranding has occurred.
Alternatively, FDA could implement a “Facial Misbranding Initiative” under the Gluten-Free Labeling Rule, utilizing consumer submissions and information collected through other methods of surveillance.
What you can do to help:
- Comment on the petition
- Ask others to comment on the petition
- Spread the word about the petition on Facebook, Twitter, and blog posts
- Use #EnforceGFRule & #ReclaimGF