Updated statement from FDA on malt, malt extract, malt syrup, & similar malt-derived ingredients
For years Gluten Free Watchdog (GFWD) has been asking FDA to clarify for manufacturers that malt and malt extract from barley can NOT be included in foods carry a gluten-free claim. We were advised that the agency would not be providing additional guidance until the publication of the final rule on gluten-free labeling of fermented and hydrolyzed foods and ingredients. FDA was true to its word and on August 13, the same day the rule was published in the Federal Register, GFWD was advised that the Q&A on gluten-free labeling had been updated to include a section on fermented and hydrolyzed foods and ingredients. See https://www.fda.gov/food/food-labeling-nutrition/questions-and-answers-gluten-free-food-labeling-final-rule
The Q&A information on malt reads:
“Can ingredients such as barley malt and barley malt extract be used in foods bearing a “gluten-free” claim?
No. Malt syrup and malt extract are interchangeable terms for a viscous concentrate of a water extract of germinated barley, with or without a preservative. The terms barley malt or barley malt extract are used also. Malt extract and malt syrup are ingredients derived from a gluten-containing grain, barley, that has not been processed to remove gluten. Food and ingredient manufacturers should be aware that malt extract and other similar malt-derived ingredients are ingredients derived from gluten-containing grains that have not been processed to remove gluten and, therefore, cannot be used in foods that bear a “gluten-free” labeling claim.”
After publication of the rule, GFWD reached out to FDA to ask whether it was necessary to resubmit product complaints for the facially misbranded products not yet subject to enforcement action. We were advised that we did not need to resubmit a claim at this time. We impatiently await action on the following products:
- Dandy Blend Instant Herbal Beverage (Organic). Reported to FDA via CAERS on July 14, 2020. Report acknowledged by CAERS July 15, 2020. First reported to FDA in 2014 (6 1/2 years ago). Product packaging includes a gluten-free claim. The ingredients list reads, “extracts of roasted barley, rye, chicory root, dandelion root and sugar beet.”
- Restructure Protein Powder. Second complaint. Reported to FDA via CAERS on July 10, 2020. Report acknowledged by CAERS July 10, 2020. After GFWD’s first complaint the product was recalled but because of undeclared milk only. The gluten-free claim remains on product packaging and “germinated barley seed powder” remains in the ingredients list. The label now includes a sticker that reads, “Contains Milk, Soy.”
- So Nourished Gold Alternative Sweetener. Reported to FDA via CAERS on May 26, 2020. Report acknowledged by CAERS on May 28, 2020. Product packaging includes a gluten-free claim. The ingredients list reads, “Erythritol, Tagatose, Malt extract, Monk fruit extract, Glycerol.”
- Grow Girl Hair Growth Dietary Supplement. Reported to FDA via CAERS on January 28, 2020. Report acknowledged by CAERS on January 29, 2020. The product is labeled “no gluten” which FDA considers a synonym for “gluten free” yet it includes “malt syrup” in the ingredients list.
Comments (17)
Great work, Tricia! Thank you for getting the FDA to clarify this important point. Hopefully manufacturers will read it and change their labeling/ingredients.
Finally!! Thank you for your persistence!
I found the information very informative. Thank You for making it available.
Again, there are no words to express how grateful I am for your dedication to keeping our community safe.
Hi Harriet, Thank you so much for your support and kind words.
Is malt flavor extract natural (olivenation brand) even a real malt product? it’s only made of propylene glycol, alcohol, and natural flavor. It doesn’t list barley, malt, or any vegan source. and comfirming with the small ingredient list is a gluten free feature with yes as the answer. Unnamed vegan malts are commonly presumed to be barley based. yet that particular product doesn’t seem to be a real vegan malt item according to that ingredient list. I noticed some UK brands listing malted barley as a GF ingredient, I wonder if they practice distillation of those sub ingredients to include it in GF foods, I mean why label barley base sub ingredients as GF in UK if not distillation processed?
How do we report a product? I have been seeing quite a few vitamin gummies that have “gluten free” on the label but contain barely malt syrup.
Hi Misty, Here is some information on labeled gluten-free gummies and malt syrup https://www.glutenfreewatchdog.org/news/malt-ingredients-in-labeled-gluten-free-foods-complaints-filed-by-gluten-free-watchdog-on-behalf-of-consumers-are-making-a-difference/. Can you please let me know the products labeled gluten-free that list barley malt syrup in the ingredients? Thank you.
This is another product that appears to be malt but claims gluten-free. Please add it to your list to investigate!
https://www.olivenation.com/malt-flavor-extract-natural.html
https://www.amazon.com/OliveNation-Liquid-Extract-Cheesecake-Non-GMO/dp/B01MQ05EEP
Based on email correspondence with the manufacturer, there are no malt ingredients in the malt flavor extract.
I got that as the initial response too, but I followed up about the natural flavors and the next response I got raised red flags. I specifically asked if the natural flavors were derived from barley. They said “The “natural flavors” is considered proprietary information that our manufacturer does not give out. I would recommend not purchasing this item as the ingredients may not be fit for your diet.”
So then I dug around their website a bit more and came across this. https://www.olivenation.com/malt-vinegar-powder.html . The fact that they sell a “malt vinegar powder” that plainly lists “malt vinegar” as an ingredient, yet they label it GF is a big red flag—this is 100% not allowed by the FDA. That tells me that GF designation on the extract very well may be incorrect too.
So then I did a deep dive on the FDA rules around malt and wrote back with the below. No response yet, but they’ve opened the email a bunch of times according to my email tracking.
“Hi Manny, I definitely understand wanting to keep things proprietary, but claiming that something called malt by name is gluten-free seems, at first look, to violate either the FDA rules that prohibit malt in GF items OR another FDA rule that prohibits calling something malt if it doesn’t actually contain malt. So it seems like, either the product is mislabeled, or it’s violating 1 of the 2 relevant FDA regulations. This is why I am asking for clarification.
I know you can hide a lot behind “natural flavors,” but you still can’t intentionally put non-gf ingredients into something labeled GF.
So if malt IS in the natural flavors, the FDA seems to state that it can’t be labeled GF, and if there’s no malt in the natural flavors, then the FDA seems to state that it can’t be called “malt flavor” unless the label specifies what the flavor is actually derived from, or specifies that it’s artificially flavored? I don’t see either listed. So I’d hope you can understand why a customer might inquire.
If you’re not able to give a clearer answer, I’m going to ask the FDA to check on this then—I’m sure they can obtain the answer and resolve the confusing labeling with your manufacturer.
Outside of this particular product, you also have the malt vinegar powder listed online that has a similar issue—malt vinegar is listed in the ingredients. Malt vinegar is not gluten-free and cannot be used in a product labeled gluten-free. If the malt is derived from something other than barley, the source has to be listed on the label, otherwise using the word malt means it came from barley, per the FDA.
Definition of malt:
https://www.ecfr.gov/current/title-21/chapter-I/subchapter-B/part-184/subpart-B/section-184.1445
About using the word malt:
https://www.fda.gov/regulatory-information/search-fda-guidance-documents/cpg-sec-515200-malt-extract-malt-syrup-malted-cereal-syrup-liquid-malt-dried-malt
About GF labeling:
https://www.fda.gov/food/nutrition-food-labeling-and-critical-foods/questions-and-answers-gluten-free-food-labeling-final-rule (see the Hydrolyzed and Fermented Foods and Ingredients section for details on malt)
About labeling flavorings:
https://www.ecfr.gov/current/title-21/part-101/section-101.22#p-101.22(i)
Thanks for your attention and assistance!”
Unless the malt vinegar powder is made from distilled malt vinegar, it is misbranded. I will reach back out to the manufacturer.
https://www.maltexcofood.com/eng/extracto_malta.html
https://truefoodsmarket.com/products/barley-malt-extract-dry-9-ozs-9-ozs?srsltid=AfmBOopQyG2_r7DCjo-Ks-cD_b0NzY9cOticTo_0zNfCsrw5REe8e8ia
Has anyone tested aunt patty’s dried malt extract for a significant amount of gluten? It seems comfirmed with grams of protein among dried/liquid malt extracts that it wouldn’t be processed to remove gluten (dispite being all dissolvable), however it surprised me that aunt patty’s dried barley malt extract would somehow be free of protein grams. Unless aunt patty had a personal practice of filtering out even gluten that became simple to digest from sprouting process, 0g of protein doesn’t seem correct or possible in any malt extract, considering wheat starch is absolutely free of protein grams.
Hi Joseph, Do you have a direct link to Aunt Patty’s website? Thank you.
There used to be one but it doesn’t work anymore. Luckily all I found were 2 social pages: https://www.facebook.com/originalauntpatty/, and https://x.com/aunt_pattys.
Is there any update about the Restructure Protein Powder? Their website has a product slide that says it is gluten free but nowhere on the package does it have any gluten free stamp or information about gluten.
It sounds like the gluten-free claim has been removed from product packaging. Is germinated barley seed powder still listed in the ingredients?