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Comment by Xelynega

4 years ago

Because people have food allergies, and should have a right to know whether or not the food they're consuming has been cross-contaminated by allergens?

How did we end up in a place where the companies aren't putting the cross-contamination ingredients in the ingredients list, and instead put them in a non-standard warning label.

But article states something else - a company can't say "this product might not be safe for people with food allergies", they can still be sued. So the only thing left for the company is to actually intentionally put the alergen in and they say "this product is 100% not safe for people with food allergies". The end result is the decrease of alergen free food.

  • This is it. The labeling isn't the problem it's the extra processes and cost required to eliminate the potential for any cross contamination. This problem, cost and liability goes away by just adding the ingredient.

  • I don't understand why they can't just label the product as "might contain sesame"? Why do they need to change the recipe when it sounds like a labelling change would do the job?

    • When you have life-threatening food allergies, "may contain" is the same as "does contain."

      I suddenly developed two dozen food allergies at age 30 after a lifetime of eating whatever I wanted. I wouldn't wish this on my worst enemy. Out of all the numerous ways in which it's horrible, seeing "may contain" on the ingredients list of a food that, based on the ingredients I can confirm it has would otherwise be fine, is one of the most soul-killing.

      11 replies →

    • According to the article, that's not good enough for the FDA. As for why the FDA says it's not good enough, I don't know.

      >Some companies include statements on labels that say a food "may contain" a certain product or that the food is "produced in a facility" that also uses certain allergens. However, such statements are voluntary, not required, according to the FDA, and they do not absolve the company of requirements to prevent cross-contamination.

  • Because if I can just right "this product might not be safe for people with food allergies" on a package and not have to worry about legal consequences, why wouldn't I? Magic anti-lawsuit boilerplate on every box!

    • Because then people with those allergies won't buy your product. And you want people to buy your product. So if you're sure that the allergens are not in your product, then why would you tell people with those allergies not to buy it?

  • Why was the disclaimer "this product might not be safe" added, though?

    And why did the courts decide it was not binding/not enough to protect from liability?

    It seems the kind of thing a lawyer would want on pretty much every product. Then the courts would respond by making it null.

    IDK if this is what happened, but then the problem would be harder...

  • Can't they just write "contains sesame" without actually adding any sesame? Then they will be sued by sesame lovers, I see.

  • They can still say it, but it's vague enough to have essentially no meaning. So it makes sense that this meaningless statement wouldn't somehow absolve them from all responsibility for only including the ingredients on the label.

  • Let’s say a bottle of water had the following label:

    “This product might not be safe for people sensitive to dysentery or cholera.”

    Would you drink the water? It might not give you cholera. Of course not, no one should drink that water.

    The label feels like a cop-out on the part of the food manufacturer. Either it’s safe or it’s not. If someone takes their chances and gets cholera, the statement has passed responsibility on to the consumer.

    • This is a silly analogy, cholera or dysentery aren't safe for anyone. But the vast majority of people handle sesame just fine.

      There is a big difference. Sometimes trace cross-contamination occurs, just how it goes.

      1 reply →

To me, the most important question is: how did we end up in a place where there are so many food allergies and we still do not understand the reason for the increase? Is it better diagnosis? Early exposure to allergens? Lack of early exposure to allergens? Some evolutionary advantage to having an allergy? (I doubt that, but it is plausible).

  • My son has multiple severe nut allergies so I’ve gone from having zero awareness to having too much.

    Allergies are fascinating bc they are a continuum and random.

    Continuum from…

    zero symptoms if you eat the protein in the nut and just a positive blood test…

    all the way to…

    cannot be in same room as nuts if they will have a reaction that constricts their ability to breath.

    They are also random in that your outcome can be wildly different each time.

    The result imo is that drs who detect any food allergy, let’s say the child has a slightly swollen lip after eating sesame will run labs on blood and skin and get some real positives and some false positives.

    Next they say not to eat anything the person is allergic to in order to prevent a life threatening allergy.

    If no blood or skin tests existed this person may go through life mainly avoiding the food bc it’s uncomfortable, but never think of themselves as allergic to X.

    Net result is that people with allergies are safer now, but the % of people we know have allergies has increased.

    As a side note, if you are reading this as a parent with a kid with a recently discovered food allergy, please note… it totally sucks, but… you will adjust over time to the higher workload and constant label reading, hang in there.

    • > Net result is that people with allergies are safer now, but the % of people we know have allergies has increased

      Percentage of kods who are left handed has increased after we stopped beating them at school into being right handed.

    • Thank you for your reply and best wishes to your family! I know it can be a bit of an intrusive question, but how do people discover that children have a particular allergy? Do you get an epipen the same moment you have a newborn, just in case? Do you try some small amount or potentially cross contaminated food just to test? Do you discover it randomly and hope there is going to be enough time to get to ER? I have been lucky not to have it for myself, or a child, but how did you know?

      4 replies →

  • It is not settled science, but one hypothesis is the hygiene hypothesis, which proposes that exposure to certain microbes at a young age is important for the development of a healthy immune system. By over sanatozing our environment, we prevent exposure of young children to those microbes, leading to the increased prevelence of allergies.

    • Anecdata and all but my food allergies as a kid were a lot more severe than after puberty. On the other hand I'm pretty sure I could eat a few things as a toddler that I couldn't anymore in/after elementary school. It's really weird.

    • Interestingly, age of introduction is also important. For a long time the advice was to delay introducing allergens. It turns out that that increased the chance of being allergic to the thing.

My 13 month old son is allergic to everything. Eggs, diary, tree nuts, lots of fruits including avocados. Obviously peas and peanuts.

I don't need rules that encourage adding allergens to foods that previously "contained traces". My wife and I know how sensitive he is to every allergen and if we need to avoid traces (hazelnuts) or not (milk)

  • Curious - when did you introduce (or not) those foods to him? When/how did you discover the allergy? Could you walk us through this?

    • I wasn't going to write it now because it's Christmas Eve; but I have a moment to type this.

      Back story:

      My wife and I are super old school when it comes to food. Organic as much as possible, processed very little. We spend a lot of time preparing meals. Our daughters pack home made meals to school.

      Our kids were all breast fed until 12 months, no formula. We introduce foods at six months, thereabouts, with "real" food. No baby food. No cereal. We make our own baby formula from a wide assortment of vegetables and meats. Each soup has at least five different vegetables, and there are three different soups so about 15 different veggies a week.

      We are also not shy introducing "dangerous" foods. Eggs, in particular, are one of our favorite foods and we introduce it at around six months. We "juice" (squash the fluids out) fillet mignon to give mix it into a squash purée as a starter food (for bioavailable iron, since we don't do cereal).

      We're not "real" Americans so peanut butter is not a staple. But we'll introduce it early on. We're careful, but not shy.

      My son:

      My son has never had a dangerous reaction like anaphylaxis. He reacted to eggs early on, around 7 months. We noticed certain foods gave him hives and we'd avoid them.

      When he turned 12 we wanted to introduce milk so my wife could stop breast feeding. He reacted poorly and the nurse in the phone suggested we take him to the hospital. Therefore we did a test and he's allergic to everything.

      Causes:

      Who knows?

      Maybe because he's a COVID baby.

      Maybe its because my wife was super stressed while pregnant (we bought a house, moved, and figured out two day cares in the span of three months).

      Maybe because of a very stressful "vacation" when he was six months.

      Maybe its our city's industrial history.

      Maybe its genetic.

      Maybe its the luck of the draw.

      Solution:

      Deal with it, ultimately.

      Luckily we are pretty food obsessed and we dont mind spending time/money cooking. So far we're:

      Diary:

      - Since my son is not allergic to breast milk, my wife will breastfeed for another year at a rate of about seven times a day. She's also pumping.

      - We knew donkey's milk is similar to humans'. We tried it and he seems ok w/ it. Hard to find though. And pricey (with intl. shipping $100 for 2 L worth of powder)

      - I researched bioavailability of calcium and found out that bok choi has a lot of bioavailable Ca.

      Eggs:

      - Not much you can do here. 25% of kids allergic to hens' eggs are not to ducks, but the odds aren't great. I figured that eggs of birds furthest away from chicken would cause less problems. Therefore I have found out a research paper that proposes that Emu eggs should be ok since they lack the proteins that cause allergies.

      But where do you find emu eggs? There's a place in the US that grows emu and he's willing to sell us one to try out, but they wouldnt ship it and its a 10 hour drive.

      Fermented foods:

      My wife is Balkan and swears by yoghurt, I agree. We found coconut yoghurt without tree nuts.

      General nutrition:

      We're leaning heavily on fish and meats and making sure anything he eats doesn't bind to nutrients blocking their availability.

      Result:

      The pediatrician commented that: "he's growing pretty well for someone with so many allergies" so I guess thats a win.

      On the other hand, this week we're bouncing in and out of the ER with respiratory distress - Dr. figures, given all his allergies, he has asthma.

      2 replies →

My youngest child is allergic to soy. The upside is that we're eating better food at home, the downside is that we basically can't eat anything but home cooked food, and then you must be careful because they shove soy into everything anymore. If it isn't allergen labeled, I just assume it has soy in it these days.

Well now they are clearly labeled as containing the allergen, people can steer clear of these products! Seems like a win.

  • This sucks. As someone with a mild to moderate peanut allergy, I’ve been able to gladly eat whatever “may contain peanuts” food that I want, but with laws like this, it’ll cut off a huge portion of what I can enjoy. All my friends with severe peanut allergy never ate these foods to begin with, so it’s not helping them either.

    Why can’t the government just let us decide what risks we want to take? I’m sick of this shit. I don’t need the government to regulate which port is on my phone or the direction I wipe my ass or the snacks I can eat. Just let me freely live in peace goddamnit.

    • Plus, so many foods list what they "may contain" traces of X, but never really quantify how much of a trace. Which actually may be a good thing about intentionally adding sesame, because at least it makes the amount consistent.

      I was allergic to peanuts as a kid, way back before it was cool, and didn't know why M&Ms gave me a mild version of the burning sensation and nausea I would get from eating peanuts. Later it turned out, famously, that non-peanut M&M shells contain some "reprocessed" material from the peanut M&M line. (And still do as far as I can tell.)

      Nothing else with the "may contain" label has ever given me trouble! But I still get nervous that I'll find out 2 hours into a bike ride that I just fueled up on an extra peanutty "may contain" Clif bar.

      Now I'm concerned about sesame. I can eat hamburger buns just fine but I discovered sometime in my 20s that sesame noodles make me sick, and the last time I was at a Korean restaurant my face puffed up just from the air.

      So, oddly, one positive of the trend described in the story is that if processed food X lists sesame as an ingredient, and I can nibble on it and then eat the whole thing without getting sick, then I know whether or not I can eat that food, because it's presumably made with a consistent amount of sesame every time. Whereas with a "may contain" label, I'm never really sure if some batch might have lots of sesame and I just tested a non-sesame batch.

      2 replies →

    • But you do need the government to mandate that allergens are accurately reported on packaging. Without government regulations on food packaging, some of your friends with severe peanut allergies would be dead now, because most manufacturers would not label trace amounts of peanut contamination.

      It sounds like this law was very poorly written, in that rather than pushing manufacturers to a) be more careful about cross-contamination and b) accurately label, it pushes them to deliberately add sesame to the foods.

      This is not because government "interference" in food is fundamentally bad; it's because this law is very poorly written.

      3 replies →

    • Exactly, I was sarcastically replying to the parent comment who still defended this change. I feel your plight and I hope this can be reverted to some degree.

    • The problem is that there is a (sadly) large group of people who believe that its the governments job to right every wrong that there ever was, fix any and every inequality that exists, and smooth out any randomness that exists.

      In other words - control, control, control.

> How did we end up in a place where the companies aren't putting the cross-contamination ingredients

Isn't it because it's not an explicit ingredient but a risk of trace contamination? I'm not sure that an ingredients list with a bunch of "might also contain ____" items at the end.

The warning is pretty easy to spot when it's supplied.

  • The change in the law makes that insufficient to eliminate the liability. It isn't a matter of labeling but the cost of eliminating any possibility of cross contamination.

    • Right, I'm not saying it absolves the company, just that putting it in the ingredients list isn't helpful or honest, either.

      New labeling law doesn't fix anything here.

      8 replies →

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  • > It is not socially efficient to spend massive amounts of resources accommodating a small number of people with allergies.

    It is also not socially efficient to have a society where you have to worry about if your particular issue will be "efficient" enough for other people to care about. That basically sounds like a very low-trust society. And the economic consequences of having a low-trust society are so much worse.

    • Federal laws mandating absurdly costly subsidies of very small minorities is not what "high-trust society" means.

      You're right in one sense - living in a low-trust society is very socially inefficient. I just don't think you have a working model of why we're becoming low-trust. It certainly has nothing to do with accommodating rare allergies.

  • By that argument, it is not "socially efficient" to make any accommodations to disability.

    It would be "socially efficient" to euthanize our elderly once they pass the age at which they can work optimally.

    We have, as a society, decided that we value human life and dignity more than any of that kind of "social efficiency".

    • > it is not "socially efficient" to make any accommodations to disability

      More or less. The overwhelming majority of legally mandated disability subsidies in the US are horrendously anti-utilitarian.

      > It would be "socially efficient" to euthanize our elderly

      This type of absurd claim is a crystal clear indicator of someone who's stuck on a zeroth-order approximation of utilitarianism and isn't factoring in any higher-order terms like people's responses to incentives.

      If we started killing old people, would that result in a net decrease in pro-social behavior? Obviously.

      If we stopped wasting huge quantities of marginal resources on infrastructure due to e.g. ADA requirements, would that result in a net decrease in pro-social behavior? It would not.

      > We have, as a society, decided that we value human life and dignity more than any of that kind of "social efficiency"

      Another common refrain of the economically illiterate - claiming to "value human life" while simultaneously working against policies that would actually improve human flourishing. It's also very generous to describe the outcome of selectorate mechanics and lobbying as "we, as a society, decided..."

      3 replies →

  • Soylent Green is “socially efficient.”

    Anecdotally, it’s not a small number of people. Ask a parent of school-age children in the past ten years. It’s increasing, for some reason.

    • I'm the parent of a school aged child. Due to the high occurrence of nut allergies they have eliminated nuts from all school lunch items. For example instead of peanut butter sandwiches they now offer sunflower butter sandwiches. My child is allergic to sunflowers.

    • > Soylent Green is “socially efficient.”

      No it's not, but it's a good sniff test for people who have a zeroth-order model of utilitarianism and aren't thinking about things like incentives.

      > It’s increasing, for some reason.

      I agree - my suspicion is that accommodating the 0.1% of kids with peanut allergies means that another 0.5% of kids (or whatever, made up fractions) never get enough exposure to peanut allergens to develop a tolerance, so the problem is self-reinforcing.

  • I assume based on this comment that you would be happy to personally explain to parents of someone killed due to an allergic reaction, why their death was an acceptable trade-off for "social efficiency"? I assume that you would also be personally happy with inflicting an allergy based death, or serious injury, on those that you love?

    One of the frustrating aspects of arguments like this, is that proponents of "social efficiency" aren't personally impacted their proposed policies. They're quite happy to push for policies that negatively impact others, but it seems unlikely they would pursue a utilitarian policy with such zeal if it personally impacted themselves, or those they love. The impacts of utilitarianism are for others to deal with, proponents almost universally only benefit from their policies.

    • > I assume based on this comment that you would be happy to personally explain to parents of someone killed due to an allergic reaction, why their death was an acceptable trade-off for "social efficiency"

      What would you say to the parent of a child killed by a drunk driver? According to this line of thinking alchool should be banned because some drink and drive and kill innocent people.

      Or driving cars should be banned because sometimes people fall asleep at the wheel.

      Said otherwise: accidents do happen, trying to make them illegal will have massive "social efficiency" costs, which will affect the ones the banning tried to protect.

      Just like here - introduce strong anti-allergy laws and now you get even more allergenic food.

      1 reply →

    • Why would I want to talk to someone about an issue I couldn't possibly expect them to have a rational opinion on?

      > One of the frustrating aspects of arguments like this

      Is people insisting on making a society-scale issue into a personal, emotional issue?

      > is that proponents of "social efficiency" aren't personally impacted their proposed policies

      Oh. Well funny enough, I actually do have a couple serious dietary intolerances - but I don't insist on externalizing my costs onto others against their will.

      It may be alien to you, but in fact I am perfectly capable of considering policy decisions that are bad for me but good for society. Some people can't do it, I guess.

      1 reply →

  • Maybe if we examine your life situation, we will find some social efficiencies too - maybe its not socially efficient to spend police resources protecting your neighbourhood and your in particular from robbery and violence.

  • What is the point of society if we're not going to protect vulnerable people? You're talking about "efficiency" as though society has one goal to maximize. I would argue that there's multiple goals that need to be balanced but at the top of the list would be "protect children".