Reactions, Regulation and Risk: protecting consumers with food allergies and intolerances

Abstract

With the prevalence of food allergies rising in many countries including the UK and statistics showing a situation where one in five meals claiming to be 'peanut free' actually contain peanut, new regulations need to be put in place to protect consumers. Hazel Gowland of Allergy Action explores the new food regulations on the horizon and explains the challenges these new rules will face.In February 2013, Cumbria Trading Standards officers prosecuted a supplier of catering ingredients which had sold peanut labelled as almond to takeaway businesses. The offence was to have 'falsely described' two chicken masala meals as peanut free, when they contained peanut.1 Ground almond (which is the traditional ingredient used in this kind of dish) is typically two to three times more expensive than ground peanut or peanut flour. In addition, whilst many people allergic to tree nuts such as almond are also allergic to peanuts, the two are not the same. Peanuts are a legume - botanically and in food law,2 they must not be confused with nuts such as almonds.3 Unfortunately, some food handlers may also be misled by the fact that 'groundnut' is a synonym of peanut.ReactionsThe Anaphylaxis Campaign, the UK charity supporting those at risk from severe allergies,4 collects data on which foods its members are avoiding. Peanut is by far the most commonly avoided food. There is also evidence that it causes more severe reactions in some people. Unexpected peanut in curries and other takeaway meals has caused a number of fatal and near-miss reactions in the past.5 Coroners' investigations have led to analysis of retained meals and ingredients taken from catering suppliers and takeaways.6 In the sampling survey undertaken by Cumbrian Trading Standards and other local authorities, one meal in five sold as 'peanut free' actually contained peanut.7 This reflects results from previous sampling projects in Lancashire in 2004, Northern Ireland and elsewhere.Food allergen avoidanceThe prevalence of food allergy is reported to be rising in many countries including the UK, with approximately 3-4% of adults and 6-8% of children affected.8 In addition, according to Coeliac UK, at least one person in 100 has coeliac disease and needs to avoid gluten. Since 2002 in England, there has been a steady increase in the number of people requiring hospital treatment for anaphylactic shock due to an adverse food reaction,9 and about eight to ten people die from food allergies every year in the UK.5Most cases involve the consumption of food containing the allergen ingredient, usually unrecognised by the food supplier and/or the consumer. Common examples include milk powder in sauces, sorbets and mixes, nuts in bakery items and oils, and peanut butter/ground peanut in takeaway meals. The provision of accurate information about allergen ingredients is an essential food safety control for growing numbers of high risk consumers.RegulationExisting food law has been used to prosecute food businesses following an allergic reaction, or in cases where labelling, description or food safety practices failed to comply with the law and may have put food allergic, intolerant or coeliac consumers at risk. Selling food not of the substance demanded by the purchaser has been used in some cases,10 as has Falsely describing or presenting food.11 Other legislation used includes General Food Law 178/2002 EC12 and Health and Safety Law.13 Some consumers have even taken civil action against the food business operator, being awarded compensation and costs, and in some cases settling out of court. Sample UK cases were presented by Hazel Gowland and Michael Walker, an analytical chemist, at the 2011 Food Allergy Meeting of the European Academy of Allergology and Clinical Immunology.14New food law on the horizonFrom December 2014, all food business operators in the EU will have to provide ingredients about key food allergens to customers on request. …