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ARTICLE · 03 MAY 2017

Mislabeled Food Products Risk Allergic Reaction

Wilson Elser Moskowitz Edelman & Dicker LLP
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The U.S. Department of Agriculture (USDA) regulates meat, poultry and egg products. Both agencies have regulations governing food production, labeling and recalls.

United StatesConsumer Protection

About 80 percent of all food products are regulated by the Food and Drug Administration (FDA). The U.S. Department of Agriculture (USDA) regulates meat, poultry and egg products. Both agencies have regulations governing food production, labeling and recalls.

Rarely does a week go by without reports of a food recall. The number of annual recalls has more than quadrupled since 2006 when there were 154 food product recalls. In 2016, there were 650 food recalls, 540 of which fell under FDA jurisdiction and 110 under the USDA.

One issue that can lead to a recall is "mislabeling." Mislabeling occurs when a food product's label does not accurately reflect its ingredients. A common reason for a recall is improper identification of allergens. There are more than 160 foods that can cause allergic reactions in people with food allergies. The FDA recognizes the eight most common allergenic foods, which account for 90 percent of allergic reactions to food. Those are milk, eggs,

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