Public Policy Law 108-282: Food Allergen Consumer Protection Act

Topics: Food allergy, Food, Allergy Pages: 14 (4875 words) Published: October 31, 2012
Executive Summary

The Food Allergen Labeling Consumer Protection Act (FALCPA) is requiring businesses to label foods with the eight most common food allergens; milk, eggs, wheat, soybeans, fish, shellfish, peanuts, and tree-nuts. This act guarantees that all labeling includes certain standards as to what the consumer can read and understand when a food contains any one or more of those eight food allergens. KC Foods (KCF) will be introduced as a business that is directly affected by the FALCPA. They produce organic granola and cereal bars. Many impacts will result from the Food Allergen Labeling Consumer Protection Act on KCF. Those forces can include major code violations with the Food and Drug Administration (FDA) and loss of consumer confidence in the goods that are being produced. The actions and issues that will take place by and on behalf of KC Foods will include more inspections, an editing team that will coincide with the labeling department, and the continued implementation of separate manufacturing facilities; one for allergen foods and another for allergen-free foods. The importance of complying with the FALCPA by KC Foods is a matter of keeping in line with what the FDA is requiring and keeping up with their consumers. The strategies that will be implemented, include more inspectors throughout the manufacturing process, testing of each batch that is produced, an editing team that will work to build a relationship with the FDA making certain labels are correct, and ensuring cross-contamination does not happen since there are two facilities. Many unintended consequences can come about, such as editing mistakes, and cross-contamination. Benefits to business and society will be great considering that the FALCPA will be a step up from what was being implemented before and as a result start an ongoing dialogue as to what businesses should do for their customers.


There are eight major food allergens that affect the population in the United States: Peanuts, tree-nuts, milk, egg, fish, shellfish, wheat, and soybeans. Due to a person’s digestive reaction, these foods can potentially harm and possibly cause death. There is “approximately 2 percent of adults and about 5 percent of infants and young children in the United States that suffer from food allergies (” That is quite a large number of people with allergies when compared to the U. S. population of over 312 million. That amounts to almost 22 million Americans that have one or more of those eight food allergies. It is also researched that “each year, roughly 30,000 individuals require emergency room treatment and 150 individuals die because of allergic reactions to food (” It is extremely alarming and unsettling to know that food, where we get our nourishment from, can cause a person to be very sick and possibly lose their life. In 2004, the federal government approved the Food Allergen Labeling and Consumer Protection Act (FALCPA). This policy would require food manufacturers to specifically label and list the 8 major food allergens located on their food ingredients. This policy was made to ensure the consumer would be informed of the enclosed ‘allergen’ ingredients in order to guard themselves or their family members from any harm due to allergic reactions. Having the proper information given to the consumer would in turn deter any allergic reactions that would arise from the consumption of any type of food. This not only benefitted the consumer, but this also helped the food manufacturers to counteract any impending lawsuits and/or litigation due to improper labeling or unfamiliar jargon. Businesses had to become more cautious in the way they manufactured food and this also forced them to be more involved in the manufacturing process as to not cause the contamination of food allergens with food without allergens. Giving the consumer a chance to make a purchasing decision based on the food allergens that affect us...
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