‘Kick in the teeth’: Some say companies’ reaction to new allergy rule goes against spirit of law

CHARLOTTE — Food allergies can be dangerous and even deadly.

Naomi Seiler says her nine-year-old daughter Zoe is allergic to sesame, which is in more food items than you may realize. Many hamburger buns have sesame seeds on them, but the seeds or oil are in many items consumers may not expect.

The U.S. Food and Drug Administration (FDA) already requires companies to list eight common allergens on labels: eggs, fish, milk, peanuts, shellfish, soybeans, tree nuts, and wheat. Now, it is adding sesame to the list.

“Having the labeling for sesame is a huge step forward and really exciting,” Seiler told Action 9′s Jason Stoogenke.

But some companies are worried about the potential for cross-contamination and sesame not being listed on the label, so they’ve started adding it to food and putting it on the label to avoid legal trouble.

Those businesses include Chick-fil-A, Olive Garden, and Wendy’s.

It’s perfectly legal, but some say it goes against the spirit of the law.

“First of all, even if you know about it, it’s a real kick in the teeth to kids and others who already have limited diets because of their allergies. Now a lot of the foods they might rely on, including in school lunches, are no longer safe for them,” Seiler said.

“This has impacts across the whole kind of food infrastructure and really impacts a lot of kids and adults.”

Chick-fil-A told Stoogenke:

“Food safety and quality are our top priorities. We take great care in adhering to stringent food safety procedures. As of Dec. 12, our white bun and multigrain brioche bun contain sesame flour, while our flaxseed flour flat bread and Chick-fil-A Cool Wrap have always contained sesame.

“Chick-fil-A sources bread from multiple suppliers across the country and due to the shared production lines in our supplier facilities and use of shared cooking and preparation areas, we cannot ensure that our menu items are sesame-free. This is an industrywide matter that led to the recipe change for our white bun and multigrain brioche bun to now include sesame as an ingredient.

“Customers with a sesame allergy may prefer to order a gluten-free bun, which does not contain a sesame ingredient. Bread products on the breakfast menu, including the tortilla, English muffin, mini yeast rolls, and biscuit, are also free of sesame ingredients. For more details about nutrition and allergens, please visit chick-fil-a.com/nutrition-allergens.

“Following the FDA’s declaration of sesame as a major allergen, our suppliers have added a minimal amount of sesame flour (less than 2%) to our breadsticks due to the potential for cross-contamination at the bakery. We have updated our allergen guide accordingly and are sharing this information with our guests.”

Olive Garden emailed this statement to Stoogenke:

“Following the FDA’s declaration of sesame as a major allergen, our suppliers have added a minimal amount of sesame flour (less than 2%) to our breadsticks due to the potential for cross-contamination at the bakery. We have updated our allergen guide accordingly and are sharing this information with our guests.”

Wendy’s said:

“We take food safety and allergen matters very seriously. Like others in the restaurant industry, Wendy’s nutrition and allergen information was updated recently to include sesame, where applicable, in advance of the January 1, 2023, effective date of the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act. On our current national menu in the U.S., our Homestyle French Toast Sticks and premium and value buns contain sesame flour as an ingredient. Our menu evolves frequently, and our most up-to-date ingredient and allergen information can be found on Wendys.com and within the Wendy’s mobile app. Information can also be found on our in-restaurant nutrition poster.”

The FDA told Stoogenke, “While a practice of adding sesame and then declaring it on the label is not violative, it would make it more difficult for sesame-allergic consumers to find foods that are safe for them to consume, a result that the FDA does not support.”

Seiler isn’t just a mother; she also works closely with the Asthma and Allergy Foundation of America. She says the group is collecting information from people about how this is impacting them and where sesame is now showing up that it wasn’t before. She hopes the companies, consumer advocates, and the FDA can find a safe harbor so that companies don’t keep adding sesame because they’re worried about legal issues.

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