Labeling for liability purposes only. ANNOYING

11 replies [Last post]
donnagaller's picture
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 12/05/2005

A lot of companies are adding a disclaimer on their packaging that warns that the product "May contain peanuts or tree nuts" even when they know darn well that the product has no peanuts. All the companies are starting to do it just to protect themselves in the event that some factory worker ate a peanut butter sandwich for lunch and didn't wash his hands well enough. I'm all for safety, but the list of foods I can eat gets smaller and smaller every day. Products that I used to buy because they did'nt have any peanuts or tree nuts now have that damn disclaimer and it makes me so paranoid that I can't eat them. I called someone at one of the companies that suddenly put that disclaimer on a product that I eat. I asked her why that disclaimer was put on the product all of the sudden. The woman said it is just in case....can't risk a lawsuit. I asked her if anything about the contents or processing of this product had changed....NO. Was the product on the same equipment...NO. Was it actually exposed to peanut...NO. What the **** ? She said that it would be practically impossible for the product to have peanut in it. It is possible for ANY food to have peanut or tree nut resideue on them....fruit at the grocery store....the packaging on any product. We all know that, but I wish they would only put the disclaimer there if there was anything other than a lawsuit paranoia basis for it. D

Kathryn's picture
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 02/17/1999

Well, I am not aware of companies that do add disclaimers that reduce their market and chance of sales for the sole reason of preventing lawsuits. I have heard others put forward your point of view and I cannot dispute it absolutely with facts in every case BUT in most cases it is easily checked. There are tests that manufacturers use to check for traces of nuts or other allergens as applicable in their products. I am thrilled that this sampling is occurring as it helps companies place information based on fact on labels. 40 years ago, my family members did not have that information and surprise reactions to foods that should have been nut free happened. I am also thrilled to know that manufacturers understand the need to be specific--manufactured in a facilty that also produces.... versus "may contain traces of... This is not about employees' lunch habits. It is about fact and providing information to allow allergic consumers to make good decisions based on the label. Please reconsider your opinion and study this issue more carefully. Your local library, the FDA in the US and the CFIA in Canada are good places to start. Good luck.

donnagaller's picture
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 12/05/2005

Actually it is a fact that companies are labeling things as having nuts that actually have no traces of nuts at all. They look at it from a bean counting standpoint. How much trouble would it be to be super careful in their manufacturing and still risk that there might be some freak incident with contact transfer of allergens versus the relatively small amount of business they might lose if they add the false precautionary labeling... and guess what...it is cheaper to lose a few customers. The govt. of Canada is all over it because they assert that companies are using the "precautionary labeling" as an alternative to safe manufacturing techniques. It is a huge deal. The FDA has written a bit on it, but their focus is on clarity in labeling as well as accurate labeling.

ElleMo's picture
User offline. Last seen 1 year 26 weeks ago. Offline
Joined: 06/19/2003

Quote:Originally posted by donnagaller:
[b]Actually it is a fact that companies are labeling things as having nuts that actually have no traces of nuts at all. [/b]

Really? Interesting "fact" because this has not been my experience at all. I have found that the opposite is true -- companies that don't label when the product is produced on the same equipment as pnut products.

I can think of several companies off the top of my head that do not label simply for liability purposes -- Hershey, Dunkin Hines, Kellogs & M&M Mars all label for may contains, but only for certain items that have been processed on the same equipment, not every item that they produce.

[This message has been edited by ElleMo (edited December 06, 2005).]

__________________

Elle
Allergic to Shellfish
Mom to Jesse 2001, allergic to peanuts, legumes, chickpeas

Sometimes I just want to say "blah blah blah blah blah."

__________________

Elle
Allergic to Shellfish
Mom to Jesse 2001, allergic to peanuts, legumes, chickpeas

Sometimes I just want to say "blah blah blah blah blah."

McKenziesMom's picture
User offline. Last seen 1 year 24 weeks ago. Offline
Joined: 03/05/2001

I think I'd rather have the warning over-used than under-used, but I agree it's annoying. Especially when something we used to be able to buy all of a sudden has a warning on it!

But, in this lawsuit-frenzied part of the world, who can blame the Companies? When alchoholic mothers sue the liquor companies (or their ob's) for fetal abnormalities and people who spill hot coffee in their laps while driving sue fast food restaurants, I think I'd be covering my butt, too.

__________________

Linda

__________________

Linda

safetyfirst's picture
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 09/21/2005

Since the new labels are hitting the shelves I have found this to be A BIG problem. All the bread I used to buy is label as processed in facility or made on equipment warnings on them now. I am so frustrated. Walmart brand , Holsum soft twist, and several others. I think I am going to buy a bread machine and start making my own every couple of days. My DS lives on grilled cheese! I have found this on several other products lately as well. I guess we are going to have to spend a lot of time on the phone and re-educate our childrens care givers. About the time you would give your child a may contain it would be the time it may cause a reaction. What to do? What to do?

mharasym's picture
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 04/20/2001

My personal favorite CYA warning is at Costco (Canada). Everything they make in store from fruit plates, to veggie plates to pizzas, roaster chicken, salads EVERYTHING has a may contain traces of Nuts, Peanuts, Eggs, Sulfites, wheat, milk, seseme seed, yadda, yadda, yadda. There are literally 10 or 15 products listed that it "may contain". I spoke with the manager and said that what this tells me is that they have terrible food handling practices, rather than the goal of being "concerned" for their customers. For the bakery items I can understand. But between the bakery and the general food prep area is the butcher shop. If my Filet Mignon doesn't have a warning on it, then why should my fruit salad! My preference is for labeling that says "Manufacturered in a Nut/Peanut Free Facility. . or "Product Contains Wheat, Nut, etc." This tells me that they are aware of what there is and is not in their facilities and is not a generalized CYA. Dare Foods and Sobey's "Compliments" products have GREAT labeling - I wish others would follow suit.

shoshana18's picture
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 02/02/2005

this is exactly why the government should not be involved in every aspect of individuals' lives. (never the intent of the framers of our government to begin with. they intended for individuals to take responsiblity for themselves.)
this could have easily been predicted when all the hoopla started over the new labeling laws. and now everyone wants to legislate and LITIGATE restaurants to follow suit as well -- now a lot of good that is going to do.

ElleMo's picture
User offline. Last seen 1 year 26 weeks ago. Offline
Joined: 06/19/2003

Quote:Originally posted by shoshana18:
[b]
this could have easily been predicted when all the hoopla started over the new labeling laws.[/b]

The new labeling laws do not require manufacturers to label "may contains"

(see [url="http://www.cfsan.fda.gov/~dms/alrgqa.html#q13"]http://www.cfsan.fda.gov/~dms/alrgqa.html#q13[/url]

__________________

Elle
Allergic to Shellfish
Mom to Jesse 2001, allergic to peanuts, legumes, chickpeas

Sometimes I just want to say "blah blah blah blah blah."

__________________

Elle
Allergic to Shellfish
Mom to Jesse 2001, allergic to peanuts, legumes, chickpeas

Sometimes I just want to say "blah blah blah blah blah."

shoshana18's picture
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 02/02/2005

yes, i know the law. my point is, since by law, they are required to label allergens, and since we live in such a litigious country, it could easily have been predicted that these companies would do what they could to protect themselves (i.e., in some cases "over-label").

this is definitely a situation of "be careful what you wish for".

Precious1971's picture
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 12/21/2005

Quote:
this is definitely a situation of "be careful what you wish for".[/B]

We never cannot be too careful these days...all it takes is one mistake.

I agree, I'm finding, labels that say "may contain" this or that is driving me nuts.

I want to know does IT contain nuts or not? That's all. Geesh.

shoshana18's picture
User offline. Last seen 3 years 17 weeks ago. Offline
Joined: 02/02/2005

when it says "may contain", it means that it is made on a shared line or in a shared facility. it is not a CYA thing.

Peanut Free and Nut Free Directory

Peanut-Free/Nut-Free Directory

Our directory is intended as a resource for people with peanut and nut allergies. It contains foods, helpful products, and much more.

Sponsored Links

Support Groups

SupportGroups.com

For individuals, friends and families who want to connect during life's challenging times. Share personal experiences, evaluate information and get support during times of need, illness, treatment or recovery.

disclaimer

The information provided on PeanutAllergy.com is designed to support, not replace, the relationship that exists between a patient/site visitor and his/her health professional. This information is solely for informational and educational purposes and we encourage all visitors to see a licensed physician if they believe that they have a peanut allergy. The publication of this information does not constitute the practice of medicine, and this information does not replace the advice of your physician or other health care provider. Neither the owners or employees of PeanutAllergy.com nor the author(s) of site content take responsibility for any possible consequences from any treatment, procedure, exercise, dietary modification, action or application of medication which results from reading this site. Always speak with your primary health care provider before engaging in any form of self treatment. Please see our Legal Statement for further information.

What Other People Are Saying

 

Subscribe to Our Newsletter

Join the Cause on Facebook

PeanutAllergy.com Social

Online Support Groups

visit SupportGroups.com

SupportGroups.com provides a support network for those facing problems with food allergies and many other life challenges. Click on the following links to get the support in a confidential, caring environment.

Online Support Groups