Sesame allergen labeling law has unintended effect: sesame in more foods
fox9.com
fox9.com
How did we end up in a place where you need to make food in pharma-grade cleanliness facilities unless you want to be sued into bankruptcy.
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.
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...
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.
What's even worse is the ingredient "spices." Which spices? Even smelling mustard can send me to the ER, but basil is one of my favorite foods.
How these kinds of not-even-half measures are legal is beyond me.
Something like sesame should be labeled, but they should permit the "made in a facility that uses <x>" type labeling. I'll take a chance on such things because I know that at worst I'm in for an unpleasant day and it's very unlikely to even do that--my reactions are dependent both on dose and frequency. "Contains sesame"--I'm not touching it. "Made in a facility that uses sesame"--I wouldn't care.
Besides, their definition of "contains" is flawed, anyway. They're obsessed about what the manufacturer puts in, but as far as I can tell there are no rules at all about listing what they fail to take out. Occasionally you see the origin of certain materials listed but that's rare. I've had several encounters with situations where the failed-to-remove ingredient has been an issue for me, but the only cross-contamination I've ever had an issue with was pretty blatant (Chinese wok cooking typically does not wash between dishes. It's hot enough that this isn't a disease threat and such cooking is active enough that there will be no issue of stuck-on food--thus for most purposes this is fine. However, it's just asking for cross contamination between dishes.)
They also permit my #1 nemesis: "artificial flavors". I have no idea which ones I'm sensitive to because they're not individually listed. (Lest you think I'm one of the chemical-phobic nuts, my #2 nemesis is "natural flavors".)
...yet.
My allergy to mustard used to barely register. It still scores near the bottom on my skin prick and IgE blood tests. And yet, over the past few months, it's evolved where if I'm even in the same room as someone eating mustard, I begin to go into anaphylaxis. Food allergies are absolutely absurd and you can't trust them to stay the same.
Regardless, most of my allergies aren't life-threatening. I still don't eat them, because the reaction can ruin a day or more of my life at a time. It's tremendously disruptive.
>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.
“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.
There is a big difference. Sometimes trace cross-contamination occurs, just how it goes.
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.
New labeling law doesn't fix anything here.
Or it could mean the conveyor next to it uses lots of sesame oil and they can’t guarantee every single particle stayed in that belt.
Or it could mean the conveyor on the other side of the factory is and they don’t want to risk it.
Nobody knows the specific reasoning a company has for adding it in unless they had insider info from the company itself. Everything else is pure speculation.
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.
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.
Separately, the good manufacturing practices rules say that cross contact risks should be limited. But the FDA mentions there may be some cases where this is impractical and a may contain label “might” be acceptable. They don’t say what those are, and they don’t explicitly require a label either, because that is not a labeling law.
So consumers can’t really be sure if cross contact is a risk or not.
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.
I mean, they don’t usually… know? They know that the assembly line for product X is physically near an assembly line for product Y that contains peanuts, and so X may have some peanut particulate floating through the air and landing on it. It would be a different amount of particulate at different times of day, different humidity, etc; and so different individual bars of product X could end up with different amounts of trace contaminants. (Almost always none, since they do try to avoid these effects; they just can’t guarantee that they’ve been successful, or that they’ll be successful in perpetuity.)
Or alternately, if the manufacturer is a job-shop (produces different things for different customers, retooling between each job) then they can’t guarantee that they’ve cleaned out a perfect 100% of traces of previous job materials out of their assembly line when they start up a new production run. (The theoretically perfect way to solve this is to have separate job-shops that only deal with jobs containing allergen X — but with the combinatorial number of allergens, and a shop having to dedicate itself to only processing a particular combination [A, B, not-C, not-D], that’s mostly impractical.)
If eating the wrong thing can kill it makes no difference, "may contain" is the same as "contains". However, if eating the wrong thing will simply mess up your day "may contain" is a very different thing than "contains".
And if I learn I react to product X so be it, I simply don't eat X.
In other words - control, control, control.
Respiratory viruses, by contrast, are not on the list. It is instead chronic presences in the body which may modulate immune response and avoid allergies.
(You said nothing wrong but the name itself is confusing)
Maybe helminths shouldn't be called parasites then, since they somehow bring benefits to us? Like, there's some degree of mutualism
This kind of content is not acceptable on HN.
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.
Epipen? No. But if I didn't live around the corner from the hospital, I'd probably test peanuts and shellfish while parked next to one : - )
That wasn't common when/where I was born, but then again, the cuisine there/then was more limited so I'd be exposed to most allergens naturally within the first year. (And face "I've never seen a prawn and I'm 20 - am I allergic to them?" later)
Percentage of kods who are left handed has increased after we stopped beating them at school into being right handed.
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)
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.
Many parents I know have it much worse than us, including a couple whose kid is facing 20 years in jail.
Merry Christmas!
If you convince people it makes you fat, you will see sesame-free products next to gluten-free products. Gluten-free is for hot thin people, allergens are for broken disposable people.
The odds per food item consumed are higher for small food businesses that aren't as easily forced into absurd clean-room manufacturing. This analysis makes no sense.
One theory is there's a certain class of pharmaceuticals that induces autoimmunity disorders. These drugs aren't observed for medium or long term effects such as autoimmunity disorders, despite the fact they operate directly on the immune system and there's a growing body of evidence they do indeed induce autoimmunity.
So if you investigate this you are anti-vaxx and, by association, probably racist.
Wtf is this. The problem is the opposite.
How did we end up in a place where one simple food 'may contain' one million ingriedients where its being made in a giant factory, not a kitchen.
My mother has a lethal allergy to shrimp and crab. Do you have shrimp and crab in your kitchen or not? its a basic question. If we go to a coffe shop the anawer is no. We go to a british pub, answer is no. In fact for 90% pf establishments the answer is no, we have no shrimp on the menu at all.
If you handle every ingredient under the sun in one giant factory, that's your fault. I you put weired additives like shrimp-derives food colorings, thats again your fault. If you put gluten into chocolate bars, even thought it's not suppose to be there, and you call something bread even though it cannot be legally called bread in france and you loose a lawsuit because your chicken nuggets contain less than 50% chicken, thats again on you.
1: https://www.cnn.com/2019/10/04/health/insect-rodent-filth-in...
I just watched a video of a candy cane assembly line that made thousands of canes per hour.
If I had to pay a small shop to make that candy cane, I honestly wouldn’t. I don’t have the kind of money for the little things that I may want but not super bad
Of course, you could argue for a lifestyle where you just appreciate a small set of things but it seems people like experiencing more things in life than fewer
Does industrial production of cheap food make people choose cheap food, or would people rather cook but they only have time and funds to afford the cheap food?
Similar to the agricultural revolution, material need outpaced free lifestyle choices. Nobody chose, either the workers or the factories, but it's where we are.
The beef is with ingridients, not automation per se.
Would that be such a bad thing, though? How many candy canes can someone reasonably eat in one holiday season?
Well, you can, if you want to pay 3x for your food because of the lack of scale and increase need for manual labor.
No thanks.
What does factory-produces proccessed food have to do with this?
One thing is not having shrimp and crab in a kitchen that doesn't cook seafood.
Quite another is not having sesame at a bakery. Sesame is an incredibly common ingredient in most types of breads. I doubt there are many bakeries, whether "factory" bakeries or just corner bakeries, that don't have some bread with sesame, because of how popular it is.
So their choice is either to get rid of sesame entirely, or have to declare it on everything.
I think we got here this way:
one billion for the first time in 1804;
two billion in 1927, 123 years later;
three billion in 1960, 33 years later;
four billion in 1974, 14 years later;
five billion in 1987, 13 years later;
six billion in 1999, 12 years later;
seven billion in 2011, 12 years later;
eight billion in 2022, 11 years later;
Note that the last six billion happened so fast that probably during your mom’s lifetime
[0] https://en.m.wikipedia.org/wiki/World_population_milestones
How does population growth on another continent affect food production in Ireland?
Food production has undergone similar changes regardless of population
> The outbreak, in this case, happened seven years ago. More than 700 cases of salmonella poisoning were linked to contaminated peanut products. Nine people died.
> Investigators traced the contaminated food to a factory in Georgia operated by the Peanut Corporation of America.
> The outbreak, by itself, was not unprecedented. There have been bigger, and deadlier, outbreaks of foodborne illness.
> But the emails that investigators found at the Peanut Corporation of America set this case apart. Some of the emails came from the company's CEO, Stewart Parnell.
> "Stewart Parnell absolutely knew that they were shipping salmonella-tainted peanut butter. They knew it, and they covered it up," says Bill Marler, a food safety lawyer who represented some of the victims.
> Before and during the outbreak, company executives assured customers that their products were free of salmonella when no tests had been carried out.
> When tests did turn up salmonella, company executives sometimes just retested that batch, and when it came up clean, they sold it.
> In one memorable email exchange, when Parnell was told that a shipment was delayed because results of salmonella tests weren't yet available, he wrote back, "Just ship it."
https://www.npr.org/sections/thesalt/2015/09/21/442335132/pe...
https://www.cdc.gov/salmonella/2009/peanut-butter-2008-2009....
Weirdly enough, food sensitivities and awareness seems to be rising. There are a few good things in the world to me as a result -- Wegmans has gluten free General Tso's chicken that I can have (and gluten free Sesame Chicken -- and both are great if expensive!)
There's so many ways that allergens sneak into food. Aldi's allergen sensitive products for example are a horrendous one for me -- I'm reactive to nearly every major allergen and some cost saving measure or another means it ends up sneaking in.
Thankfully the world is becoming kinder to people like me, but it is a pretty penny for things off the store shelf that approach the comforts of yesteryear while I could have those things.
I hope that helps. I've fallen many times victim of the logical trap of wondering why in the world special provisions exist for a small part of the population until I have to be a part of that population (not by choice) to understand why. It's still hard for me for some of the provisions I don't understand, but having had my bacon saved by a few of them (metaphorically) in the past, I think helped me commit to needing to understand them.
I say this as someone who's gotten "food zoinked" far too many times to count. If I completely purge my stomach in a nearby bathroom I can make the next 3 days more mild, usually, but sometimes it's too late and the reaction has begun.
That's why we're so weirdly picky about it as a country. And I'm glad for it, I think it's truly worth the effort, and it's a thing I feel very positive and relieved about, in the climate today where so many people are left behind in other places. I truly believe it's a good thing.
Much love to you all and Merry Christmas <3 :))))))))))))))))
Most famous example is called the “cobra effect.” In the 1800’s some towns in India had a problem with cobra infestation, so the governement offered a bounty for dead cobras.
People started farming cobras to collect the bounty.
Eventually too many dead snakes were being turned in, so the government stopped paying. As a result, the newly made “cobra farmers” just released all the cobras on to the streets, doubling the population.
It’s not, and in fact it is opposite of truth. The reason, for example, why free market economy works better than centrally planned one, is precisely that obtaining full knowledge is impossible, so it is impossible to effectively centrally plan, whereas in market economy, each individual contributes their own private knowledge that is unavailable to other people, through participating in market and communicating it through price mechanism.
See, for example, Thomas Sowell’s “Knowledge and Decisions”, which is precisely about this point, or for more classic reference, Hayek’s “The Use of Knowledge in Society”. Again, to reiterate, the entire point of market economy is that nobody has full knowledge.
Along with sometimes being smart or hard working, people are also sometimes lazy, dumb, irrational, careless, destructive, and so on. The point being, there is a wide variety and they bring their messy contributions to the market, which makes for a very messy market. There can never be perfect anything. It's not even a good theory, it's garbage, it would only work in a simplistic simulation with no chaos.
Perfection competition theory is incorrect, badly flawed in a similar manner, as the efficient market hypothesis [1].
[1] https://en.wikipedia.org/wiki/Efficient-market_hypothesis
It was being slapped on everything to a)be lazy about not actually having allergens get into food because b)it fooled consumers into thinking that the disclaimer meant they weren't liable for allergens in food.
https://www.reddit.com/r/AskHistorians/comments/pmjrdg/is_th...
[1] https://en.wikipedia.org/wiki/Great_Hanoi_Rat_Massacre#Hirin...
[1] https://www.theguardian.com/us-news/2022/oct/11/new-york-gun... [2] https://www.vice.com/en/article/akee4e/someone-made-dollar30...
It's not due to a perverse incentive regardless, though, which is what the original anecdote is supposed to exemplify.
Small restaurants have ignored me about my allergy, which TBH worries me more, given the false sense of safety.
Now, I just hope for my family's sake if a restaurant kills me, that they're huge and it's their fault.
You don't understand, it's not necessarily as simple as "if I eat out, I die." there are manageable risks with probabilities weighted against being alone again and missing out
What all you who suggest it fail to empathize with is that it's the only option most of the time. being completely removed from the social scene of eating out is extremely alienating, and eating out is very common especially for young adults.
So you concede, you look up the menu online ahead of time, decide "hey this probably looks safe, I can risk it"
Boom, you accidentally eat something you didn't account for, try not to make a scene in front of your friends and the other patrons, go out to your car take Benadryl and pass out. Night over.
I hope society doesn't feel the same way about your needs when they inevitably arise
edit: reduced the tone.
I can empathize with thinking that trade-offs that incur a high overhead might be super onerous to comply with, but simple information-based laws which just provide consumers with information that businesses already have on hand seems incredibly easy to comply with, no?
For example, in this case a "produced in a facility that handles sesame" label seems like it'd be a huge accommodation win without extremely minimal overhead for businesses.
But there are other food businesses the FDA inspects that aren't subject to the labeling requirements. For example, this could be a local wholesaler, like a producer of pastries that supplies area coffee shops. That wholesaler will have maybe brought a daily box full of muffins to the coffee shop, whose staff then moved them to a display case.
Those situations have no labeling requirements, and no matter how much information is shared by the producer, nor how often, the café staff as a whole can't be trusted to get it all correct. I don't say they "can't be trusted" because that's an unwise procedure—and it is that—I say it because my business may as well be that local pastry producer.
There's a list of 14 allergens that must be indicated if present.
https://www.lexland.es/en/restaurant-menus-should-indicate-t...
Most likely could being an over-sterilized environment during pregnancy or at birth, some chemical in common products, or something else effecting the micro biome or immune system.
With speed limits, almost everyone suffers and almost everyone benefits. Of course, some people are more likely to be walking, and other driving, but it is not a core part of their identity.
Whenever something makes a specific small group much safer and around 100% of the people pay the cost, giving in and making those people safer is a slippery slope. There are infinite such cases, the system points towards more safety because of lawsuits, and careful cost benefit analysis is harder because there is no one person for which cost and benefit are similar -- for some it is just a small cost, for others just a gigantic benefit.
You'll get a small percentage doing a lot of activism and a large majority harmed, but not enough to fight it.
> Asero and colleagues29 recently reported on a series of 1110 adolescent and adult Italian patients (mean age 31 years, range 12–79 years) diagnosed with food allergy based on history of reaction in the presence of positive skin prick test (SPT) or elevated food-specific serum IgE. Anaphylaxis was reported by 5% of food-allergic individuals, with the most common cause being lipid transfer protein (LTP). LTP is a widely cross-reacting plant pan-allergen. Offending food for LTP-allergic patients was most often peach, but included also other members of the Rosaceae family of fruits (apple, pear, cherry, plum, apricot, medlar, almond, strawberry), tree nuts, corn, rice, beer, tomato, spelt, pineapple, and grape. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3440177/#:~:tex...
In the end, I don't (and imho, shouldn't) expect the world to put padding on the sidewalk to protect my from myself.
I would be happy if labelling laws included a "Manufacturing facility handles (allergen list). This product may contain trace amounts." as a statement for what there might be trace amounts of in terms of allergens not intentionally part of the product.
It bugs me a bit that if a kid wants a PBJ they no longer are allowed to at school.
https://www.stjohnsschool.org/uploaded/Files/Nut_Sensitive_F...
For instance, the following is a news item about a kid in a London school with a dairy allergy who died because his classmates flicked a bit of cheese at him as a joke:
https://www.theguardian.com/uk-news/2019/may/02/boy-with-all...
A schoolboy with a dairy allergy was left gasping for breath and shouted “I’m going to die” minutes after a fellow pupil flicked cheese at him, an inquest has heard.
Karanbir Singh Cheema, 13, known as Karan, went from “absolutely fine” to unconscious in under 10 minutes after the incident at William Perkin Church of England high school in Greenford, west London, on 28 June 2017.
Karan, described as “so bright he could have been anything he wanted”, died 10 days later at Great Ormond Street hospital.
I’m glad your allergies aren’t so severe. But minimizing contact isn’t enough for people who are deathly allergic to peanuts or sesame, where the best case for exposure is an epi-pen shot and a trip to the ER. It’s not so much asking for padded walls as enough information to allow people to live without fear of dying because of something they ate.
Every kid deserves an education without fear of being killed by some other kid’s snack. I don’t think it’s too much to ask for people to just eat their PB&J at home.
Regardless, listing ingredients they aren’t willing to affirm aren’t in their products is helpful. It identifies products that aren’t for sure safe which is what you want.
What's the cost benefit analysis here? That the kid does not get to share the food?
Would touching someone that ate a PBJ be enough to trigger an episode? In what percentage of people?
How can you just say something like that without also stating a model? Without percentages and numbers?
Totally get that. Others do think that's too much to ask though, and I'm sure there are cases where you'd disagree with their "not too much to ask" in return.
I'm sure actually adding allergens to food and labeling them is a much better solution after-all.
Why, because nobody is going to make 10 mfg facilities each avoiding a different singular ingredient.
But policies go above and beyond that now. They bar peanuts even if nobody has an allergy. Other places bar peanuts for self identified allergies (which cannot be confirmed 90% of the time by a doctor). That’s just bad policy driven by litigation fear.
What is the reason to that?
My brother was deadly allergic to even trace quantities of peanut products as a child. Nonetheless, we routinely ate peanut butter sandwiches and peanuts at home, never mind school or the many other spaces a child occupies, and it was never an issue. Reasonable precautions were sufficient to eliminate all practical concern and it didn’t require sterilizing the environment of all peanuts. This was easy and effective, same as with other kids with dangerous allergies. The only incident I can remember involved some Korean food that used peanut oil, and he knew it contained peanut the instant he put it in his mouth. He was quite capable of avoiding peanut products on his own.
Banning everyone from eating peanut products anywhere in the vicinity of someone with a peanut allergy is just another example of pathological safety-ism. And it goes far beyond actual deadly allergies now, we accommodate all manner of imagined hyper-sensitivities “just in case” with no rational or pragmatic consideration of the risks and costs.
anaphylaxis is highly individualized and can change within an individual over time.
It's also not necessarily just about preventing anaphylaxis but general food anxiety as well as alienation from a cultural and social staple of sharing food together. Most people will never understand the secondary effects of anaphylactic food allergies, no less CONSTANTLY downplay then as you did with your brother.
I know this sibling downplaying is very possible because my partner has MCAS, which causes random allergies to pop up like whack a mole. Her family caused her very much grief as a child but she developed strong coping mechanisms and it's similarly capable of "managing what she eats." However I am one of very few people who truly understand how completely alienated she feels because of it. The primary concerns (death by anaphylaxis) are bad but very infrequent. The secondary effects of social alienation are constant and boundaries are always being pushed even by close friends and family
I see, moving the goalposts to an even less defensible argument. Sharing food together doesn't mean eating the same thing. By this reasoning, we should all be forced to eat the lowest common denominator of least offensive food for everyone. If one person is vegan, we should all be vegan. If one person can't eat any nightshade vegetables (a common allergy), none of us should eat nightshade vegetables. Same for dairy, shellfish, etc. The set of foods all humans can comfortably and traditionally eat is approximately the empty set. This sounds like the very definition of a culturally and socially enriching experience around food!
You don't speak for my brother and he'd likely mock someone trying to "white knight" his eating experiences or suggesting his peanut allergy caused profound alienation. We all eat different things based on preferences, never mind allergens. Do people feel alienated and anxious because they can't handle spicy food but other people can? There is a ubiquitous food that I can't eat (for reasons unrelated to allergens) but never once did I feel alienated because of it, even though people tease me about it.
If people are intentionally being assholes about it, the issue is them being assholes and has nothing to do with the food. If one person is hyper-sensitive about what other people eat, the answer is therapy for that person, not changing the world to accommodate their hyper-sensitivity.
What "%" risk that your child would be poisoned do you find acceptable?
If so, I think the reality that needs to be dealt with is that there are going to be a lot of situations throughout their life where people are going to be serving arsenic. It sucks to be in that situation, but it's something that child will need to be taught to take into account (even if accommodations can kick that can down the road for now.)
If arsenic is poisonous for everyone in this analogy, then I have a lot bigger problems with this school than the lunch menu.
Yes, if there is a substance that's poison for one kid, they'll need to learn to take precautions. And if there's a substance that's poison for all, it should be banned from school meals. What if it's 10% of kids? 5%?
Food allergies are common these days.
Your attempt at an analogy was clumsy and nonsensical regardless. They aren’t serving poison at schools. Sugar would have been a better example.
Would you send your child to school if there was a 1% chance that they would be served something that would put them in the ER? .5% chance?
If you were a school administrator, would you serve food that could put 3% of the student body in the ER? 6%?
The current treatment of peanut allergies affecting people older than infants/toddlers is probably not an overreaction to the situation created by the fact that for a period until very recently (and maybe still now, as there is some social inertia), the attempt to prevent exposure in infants/toddlers was an overreaction, that produced a much greater number of very severe allergies than otherwise would have existed.
[1] https://abcnews.go.com/Health/AllergiesNews/story?id=4659705...
I'm sure you can find an article about peanut allergies at any point in recorded history where they had peanuts.
This sounds completely absurd and hyperbolic, but let's say I took it at face value - why is this an issue now and not an issue when I was in school?
Your kid will be just fine if some other kid eats something with sesame in it, unless they're sharing, kissing, or fighting with their food.
This is why schools have taken drastic measures because all it takes is one incident to send a kid to the hospital, put the school in serious lawsuit territory and cause a massive news scandal. It's a matter of liability reduction.
extreme cases make bad policy.
If a kid assaults another with peanut butter, might I suggest the problem is the assault, not the peanut butter?
Good thing kids never do this.
But I think the case that people being accustomed to the allergens due to forceful conditions is the best explanation for this.
The hygiene hypothesis for one.
However, I don't really think this is all relevant. Allergen immunotherapy is not as simple as just exposing yourself to the allergen and requires medical oversight. Even if someone is trying to work through this process without a medical professional, they still have a right to know which foods do and don't contain this allergen that could still kill them in large amounts
While desensitization works https://en.m.wikipedia.org/wiki/Desensitization_(medicine) you can't really just force expose someone and hope for the best.
It's a bit correlated to developed countries, but not completely https://waojournal.biomedcentral.com/articles/10.1186/1939-4...
I'd propose a mix of everything but also: e) People don't call things allergies unless they know it's that. I said for decades that I can't eat spinach or I'll have diarrhoea, but learned later that also classifies as an allergy. f) More developed countries have more difference in available cuisines. For example I've not seen a shellfish until I moved out of home, so wouldn't know if I'm allergic to them. g) (probably lots of other factors)
B is quite likely, I am from a non-firstworld world country, and back there you hardly ever see people in wheelchairs, blind people, people with disalities.
When I first got to EU, I saw so many people in wheelchairs, I thought something is wrong. There are more people with disabilities in europe?
Well, turns out people with disabilites in back home live sad and short lives. There is literally zero infrastructure for them - entry to every apartment block has stairs befpre the elvator (90% of people live in apartment blocks)
The curbs don't turn into ramps near crossings, they just stay vertical.
Our apartment block came with a ramp, and the residents knocked it down because it looked ugly.
Eu uses special tiling to indicate to the blind where is an edge of the pedesteian path, where is a crossing, etc. In Russia this does not exist. When the city bought this special tiling, the workers didn't know what it was, so they made random patterns out of it.
The traffic lights do not make a sound when its green, if there are roadworks and a giant hole in the ground, no-one puts a yellow fence around it. A missing manhole cover attracks no attention and zero lawsuits.
Its not just the government, here is zero awareness, and disabled people don't leave the house, no-one gives a fuck.
If you live in the capital, things are slingthly better, but for 90% of the countru thats the reality.
I have been online for about 30 years. This is the first time I am going to say:
Citation needed.
The dead don't show up to be counted.
A: Sterile environments don’t properly prepare the immune system.
B/C/D: People with severe allergies and disabilities aren’t accepted as part of society. Often there is no support for them other than what their family can provide.
The sad fact is many people view medical problems as character flaws. If you were strong, you wouldn’t be sick.
So people die, hide, or never realize their problems for what they are. My grandmother had food allergies her entire life. Never told anyone. She just didn’t eat things that made her sick. Despite being a nurse her entire life, she would say she didn’t have food allergies.
https://www.google.com/search?q=prop+65 https://www.google.com/search?q=prop+65+unintended
Laywers, optimization an all that...
Is what it is, going to improve my baking game.
Now, sesame oil - fine. That's great. But the seeds... the seeds are just there to insult me.
Anecdotally I find people from east of the prime meridian seem to eat a lot more seeds and nuts than I see USians do.
Sesame seeds are flavor enhancer, just like salt. The "simplest" salt-less bread simply replaces salt with sesame seeds. Of course burgers will use all the tricks they can to improve flavor, hence the sesame seeds on burger buns.
Perhaps this creates an opportunity for certified allergen free foods companies to get into the game in a bigger way.
If the problem is as bad as these articles claim, then these facilities will need to clean up their act or willfully hand over a slice of the market to competitors. We've even already seen this play out in the bread industry with gluten. A bunch of new brands started taking shelf space away from the big brands and a few years later those big brands have their own gluten-free lines. The same could happen with sesame in time. To form an opinion on the new law this early is a recipe for sour milk.
I don't see how you do this without overly burdensome regulation.
It seems to me you in would have to either ban sesame altogether or at least tax it at levels significant enough to counter balance either the liability risk or cost of upgrading facilities to support the needed cleaning processes.
Perhaps instead of another layer of regulation, concerned citizens should start a non-profit that provides grants to companies to upgrade their facilities?
That's why these foods added the sesame--now it's measured, quantified, and controlled.
Someone with a mild allergy can try the food and see what the reaction is. If it's fine, then that food can be eaten knowing that the sesame level likely will be consistent.
People with severe allergies will avoid that food like always.
This is a good thing and the complaints make me facepalm. "Gee, now we can experiment and know what this food will do to us as opposed to playing Russian roulette every time. This upsets us and we're going to complain."
Oh, gee, what you really wanted was everybody to surgically clean their manufacturing lines but not pay them any extra money for doing so? So sorry, that's not how this works.
This could be happening at the margin, and the law could also on net be helping lots of people avoid allergens in the rest of the food that didn’t get adulterated.
If it’s 1/1000 products getting sesame added this story is likely a nothing-burger.
But yes, at the margin, actors are sensitive to incentives. This story provides a(nother) nice clear example of that, if one was wanting such.
I doubt that you will find 13 people allergic to sesame in whole of Asia, North Africa and the Mediterranean. And 1.3 million in the US.
There’s probably some processed food or medicine that triggers these severe allergies in babies.
Wouldn't some "processed food or medicine that triggers these severe allergies" be a "mutation/adaptation"? I'm confused on the distinction you're trying to make it it's not "Americans are bad haha".
When you eat your Trader Joe’s frozen whatever, it is often fortified with soy or pea proteins and different stuff to preserve taste and appearance. Chain restaurant stuff is similar.
Once in awhile, no big deal, but many people are incapable of cooking. My local library has a class in cutting onions and other vegetables booked out till April. Lots of kids grow up with soy formula and frozen chicken nuggets. Pre 1990, no human ate that stuff.
Simply, allergists have three types of testing: skin test, blood test, actual exposure. If you can eat something without a reaction, it doesn't matter what the skin and blood tests showed (they can be "positive" for other reasons). Skin and blood tests are mostly used to determine severity of an allergy after exposure has already proven to be a problem.
But allergy testing is covered by insurance (and it's VERY profitable), so a ton of allergists will do skin and blood tests on people who don't need it, and now there are independent scam companies doing "allergy" testing by mail for curious people.
Dealing with allergies is such a PITA and a burden that follows you every day, every single time you´re trying to eat anything. It´s such a mental toll that I see people going for allergy tests usually after they had their first reaction and went through ER, or when there is precedents in the family and they have a pretty decent chance to have common allergies.
Even after getting positive results we had a pretty thorough talk with the doctor about the tests and the actual reaction we saw when we discovered the allergy.
I understand people randomnly buying gluten free stuff as a fad, but they still continue eating gluten in other foods in general. Food allergies and avoiding ingredients is another level of inconvenience altogether.
Many do, or even don't trust that a negative result is real. There are lots of other conditions and situations that one would think are strict drawbacks that people lean into, in my anecdotal experience. "Gluten allergy" that is not Celiac, for example. There are steps to take, things to research, and communities of fellow suffers to identify with, after all.
Yes, hang out with elementary school parents (mostly moms) and you'll quickly get an earful from those that do. It seems more like anxiety with many of these folks.
> 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.
How things work in the UK (and presumably the EU too) seems pretty good to me.
Allergens have to be highlighted in bold (or uppercase) in the ingredients list.
If a product may contain an allergen, that's normally listed separately.
If you have a mild allergy or intolerance, or avoid particular food for other reasons (e.g. milk because you're Vegan), then the "may contain" risk may not bother you and you can enjoy the product.
For numerous reasons, the US culture has been fractured by a tiny, very loud, hyper triggered minority that screams from the rooftops 24/7 on social media. The virtue signaling brigade. Also known as the squeaky wheel getting the grease (attention in this case). They work hard & persistently at it, they're loud, they often band together for pet causes, and they get the government and companies to bend to their pressure routinely.
It's leading to a very mentally fragile nation, of emotionally stunted individuals that can't deal with reality and require aggressive shielding from reality. This type of mediocre labeling outcome is indicative of the broader cultural erosion. It's simply no longer good enough to label that something "may contain" risk. It's going to get worse yet before it bottoms out.
After having two flights recently where our food service was cancelled due to a flyer with a nut allergy, I’m ready for us to invest whatever it takes to reverse this trend.
[1]https://www.theguardian.com/uk-news/2019/may/02/boy-with-all...
Besides if someone has a contact allergy to nuts, I can't think of a place more likely for it to happen than a plane. One patch of turbulence, and your seat neighbor's peanuts go all over you.
Both of these flights were TATL but on the lower end (5-7 hours) of the time range. The restriction only applied to our section of business class, which neither time was fully booked.
I've heard things like early exposure, breast feeding, and mother's nutrition can help, but always got the impression that allergies are pretty random.
But not only that. If they already have the allergy, you can actually cure it by slowly building up exposure until they stop reacting to it.
Very important to note that not everyone can be cured this way, it can be dangerous even fatal, and under medical supervision only. Far too many people think they can cure their own allergy, allergies aren't "real," or cases of grandparents trying to YOLO fix their grandkid by putting small amounts of e.g. peanuts in their food and causing airway obstruction.
This research is, undeniably, exciting, but people overstate it and act like we could just roll it out to everyone with allergies and they'd disappear (and that everyone who still has allergies is "choosing" to). That isn't at all where the science is at today.
So, as someone who was exposed as a baby, and was pretty much doing maximal exposure therapy, you need to write better test cases.
There has been a fair amount of research (but no solid consensus) on why allergy rates are increasing.
But AFAIK there have been fairly few attempts to try to use any of those competing hypotheses to devise preventive treatments whose effectiveness could be tested experimentally.
Plenty of papers listed here:
I have approximately no allergies but was exposed to a very diverse and not sterile environment from early on, with other siblings being similar. I have two brothers close to my age that did have significant and in some case deadly allergies, who were born and raised in the same environment.
Among my siblings, it is a completely mixed bag of sensitivity. Some were highly sensitive to many things, others were sensitive to almost nothing. If mere exposure to non-sterile environments was sufficient then we should all have had similar sensitivity to allergens but the variance in fact was quite high.
To be honest, this may have already happened, but it would take a generation to see the effects. There was a major breakthrough on this a few years ago. I first heard about it on an episode of Science Vs [1]. That was merely weeks after my second child was born. It was interesting to see the advice from the pediatrician a few months later. The American Association of Pediatrics updated their advice accordingly [2], and my kids' pediatrician handed out informational fliers calling out "this has changed," etc. Hopefully other pediatricians are also updating their advice and doing a good job of educating families.
Check out the Science Vs episode [1] if you want details. The gist of it is that in a controlled study, they found that introducing allergens early reduced the prevalence of allergies by 86% compared to avoiding allergens. This means old advice (what I was told with my first-born) about avoiding allergens could actually increase the risk. The Science Vs episode goes into details about what led researchers to look into this and possible explanations about the mechanism involved.
[1]: https://gimletmedia.com/shows/science-vs/2ohd7e
[2]: https://publications.aap.org/aapnews/news/12250/New-guidelin...
There is also a lot of evidence that SLIT and OIT are effective treatments for food allergies and most importantly that they are far more effective and safer when started very early, before 2 or even before 1 if possible. Early SLIT and OIT should be prioritized for research.
It's particularly tricky with sesame exposure. Since we can't have it at home, we have no idea how our children react to it. Relatives did promise to throw hummus parties, but those never happened and now everyone is afraid to be the one who almost killed our child, naturally.
The reality is that we are decades away from solving this, if ever. Not to mention the vast majority of science is funneled towards child food allergies, which ironically are the only kind to go away. If the mechanisms involved were similar, I wouldn't have a problem, but it's very possible that child and adult food allergies have completely different causes. People such as myself who develop food allergies as an adult are very simply fucked.
Beyond that, just look at the sickening replies in this very thread. On the whole people view people like me as a nuisance and would rather us die than deal with whatever comparatively minuscule alterations to their lives required to accommodate us. You wouldn't believe the things people have done and said to me to my face. It's one of the more invisible disabilities for sure.
If there were a market for this then the products would already exist.
By moving beyond an ingredient disclosure to the elimination of all possible sources of contamination the incentives are changed and this is the result. Rather than incurring the cost required by the law businesses found a different solution.
As a result the people the law tried to help are now harmed. The blame here doesn't rest with the businesses but with the lawmakes who drafted this unnecessary nonsense.
Identical twins have 70% chance to share same allergic diseases vs 40% for non identical twins, and both of which is vastly more common than their prevalence in the general population. Though this also demonstrates environmental factors play a significant role.
That said, the human immune system includes significant randomness so environment may be even less important than generally assumed.
That said, environment is a factor. People in the developing world test positive for fewer though by no means zero allergies compared to their relatives in the developed world.
One thing I think people forget with this stuff, 50 years ago many people just weren’t exposed. I live in Ireland; when my grandparents were kids everyone in the country could’ve been allergic to sesame and no-one would have noticed; it just wasn’t part of the food culture.
Now, it is. In general, particularly in rural areas, most peoples’ diets were extremely restrictive until pretty recently; in industrialised countries people are exposed to a lot more variety than a couple of generations back.
The huge difference between identical and non identical twins is suggestive of a very strong genetic component.
The one that confuses me is lupin. It’s one of the 14 mandated allergen/intolerance warnings in Europe, but is not at all commonly used.
That's why I always carry explosives when traveling by air: what are the chances that there's two bombs on a plane?
If you always have a bomb with you, then the probability of you sitting on a plane with a bomb is 1, and thus the probability of you sitting on a plane with another bomb is again 10^-4.
1. Sesame test strip 2. Sesame neutralizer
requirements are so stringent that many manufacturers, especially bakers, find it simpler and less expensive to add sesame to a product — and to label it — than to try to keep it away from other foods or equipment with sesame.
I don't see how that follows. Surely they can just label it 'might contain traces of sesame' rather than actually adding sesame unnecessarily, and presumably at extra cost, or just add 'traces of sesame' as an ingredient.>If the ingredients DON'T include sesame, companies MUST take steps to prevent the foods from coming in contact with any sesame, known as cross-contamination.
And as far as "may contain", also from the exact same article:
>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.
So the government has created a situation where anything without sesame is apparently vastly more expensive, or impossible, to manufacture now in the facilities they previously were. But the public would never tolerate banning sesame entirely just for some fraction being allergic, so of course it's still allowed as an actual intended ingredient in which case it must merely be labeled.
Obvious result of this is obvious: in attempting to unrealistically force a new level of isolation on previously "best effort" products, and with no compensation, the result is people cease bothering with those now actively punished efforts. Bad unfunded mandate driven by activists without consulting with actual producers from the sound of it.
A better approach might have been to support/reward the construction of new dedicated allergen free production facilities that could be devoted exclusively to those foods. But whatever the approach, it has to take into account actual demand vs costs.
--------
Edit: I didn't do a good enough job in elaborating on the result for parent poster, and plenty in the overall thread seem not to see how this leads to wanting to actively add sesame, so copying my response post from farther down:
Say we consider bakers. Essentially before the law there were 3 classes of bakers wrt sesame: known contaminated (actively using it as an ingredient), regular (not actively using it, but make no promises either way), and medical (actively promise to ensure no contamination as a product feature). This law banned regular bakers, and it did it in such a way that they all become medical bakers by default, because if they don't actively use sesame then they must meet the medical standard. But that's TERRIFYING for a regular baker for good reason. Before if they cooked both sesame goods (lots of delicious ones in high demand) and non-sesame goods (same) they could make reasonable efforts and that's fine. But medical means they now look at blame and liability for some child or adult having a serious reaction or even dying. And meeting that level of liability and standards may simply be impossible in an existing mixed normal facility. There is no funding for this mandate either.
The obvious reaction to do is to switch to the "known contaminated" class instead. For the cost of adding a minuscule untasteable amount of sesame flour to everything, now they effectively return back to being regular bakers again. They can keep all their existing cooking, in their existing (very expensive, potentially impossible to move from) facilities. Like, what did anyone expect would happen here?
That made me wonder, and I looked it up: The situation is exactly the same in Germany, and presumably the EU.
Does anyone know why a) this is not legally required when there's a reasonable chance of contamination and b) why laws are not written in such a way, that "contains traces" is enough if you aren't sure about cross contamination like in TFA's case.
Naively, that seems like it would improve things for everyone?
Today, if I’m severely allergic, I might assume product X has a trace amount of my allergen. Tomorrow, I might assume the same thing, only now I can read it on a label.
Basically, it does about as much good as the Prop-65 labels do.
(Note that this sub-thread seems to be talking about the "what if we didn't [effectively] make it better for manufacturers to intentionally include the pinch of allergens, but instead just allowed them to label the possibility of trace cross-contamination?")
>Naively, that seems like it would improve things for everyone?
Again per the theme of this article: beware second (later) order effects. What is "reasonable chance of contamination", precisely? Once you start creating legal liability, all the incentives change. In a voluntary situation people may only write it if they're pretty sure it might be an issue, but if it's required and companies are punished if they get it wrong then the natural reaction is to just slap it on everything. If everything simply defaults to "may contain traces" then the notice is essentially worthless right? And someone with a serious allergy to a common food product should just assume that by default anyway.
Which I think points to the real issue, which is that the approach is arguably all backwards. Certified/promised allergen free food, just like certified/promised kosher or a range of other things, are a specialized subset of food in general. This in some ways is similar to white lists vs black lists on the net in terms of dealing with content. Black lists are more appropriate when it's desired to be accepting by default (commonly when there are no or minimal life/safety factors). But it's expected that some objectionable things will slip through and then have to be reacted to after the fact. It prioritizes preventing false positives over false negatives, and it keeps overhead cost and uncertainty on the production side lower.
When something is life/safety critical though, or similarly important, then instead it's better to do the opposite and white list. That prioritizes preventing false negatives: since everything must be explicitly and individually certified, nothing clearly failing criteria will ever appear. But of course this also means that potentially valuable things may get blocked from appearing, there are higher overhead costs, and producers in some cases may feel its riskier since they can't be sure they'll have a chance at all (which also raises cost).
Both are important tools, but for medical products (and serious allergic reactions are a medical issue) it's probably almost universally better to white list. A purely tech example of an ongoing controversy would be "child safe internet": a lot of the efforts try to blacklist the adult general net into being child safe, which both doesn't work and causes major harm to regular adult discourse and expression. I think it'd be better to have approaches such as ".kids" and ".teens" TLDs or similar where nothing can go on that isn't pre-vetted to some standard. Then parents can restrict to those if they wish. That's a whole different discussion though!
Not exactly. A business that produces no products containing sesame will not have risk of even trace contamination, so it would have every incentive to not include "may contain sesame" on the label.
> Certified/promised allergen free food, just like certified/promised kosher or a range of other things, are a specialized subset of food in general.
Only some kinds of kosher food are "special." Nobody needs to think about whether a raw carrot is kosher; it can't possibly not be. By its plain and obvious nature, a raw vegetable is fine.
Allergies are weird in that a "plain and obvious" production process would probably be fine. A normal breadstick, made at home, would probably not contain sesame flour and thus would be perfectly safe. However, efficient industrial production results in not-strictly-necessary cross contamination and unexpected allergen exposure.
> When something is life/safety critical though, or similarly important, then instead it's better to do the opposite and white list.
Since allergies can lead to deadly-if-not-treated anaphylactic reactions, isn't this an argument for whitelisted ingredients?
But that was already the case, that's the point. If a business produces certified/assured allergy free food, then they can advertise that as an explicit product feature, and those who need it (or those buying on their behalf or with them in mind) can then pick it out vs competitors. That's "white list" in action, by default things aren't medical grade, and consumers can be confident in those that claim they are.
>Allergies are weird in that a "plain and obvious" production process would probably be fine. A normal breadstick, made at home, would probably not contain sesame flour and thus would be perfectly safe. However, efficient industrial production results in not-strictly-necessary cross contamination and unexpected allergen exposure.
My understanding from family with serious allergies is that this definitely isn't true. Real effort needs to be made avoiding cross contamination in a home kitchen too, and indeed cross contamination at home is more, not less likely because most people are much more casual and have less space and equipment. Unless it's an allergy sufferers home (or their family) and there simply aren't any allergy ingredients there at all. But that merely makes the home a "dedicated facility" in essence too.
>Since allergies can lead to deadly-if-not-treated anaphylactic reactions, isn't this an argument for whitelisted ingredients?
No? Banning sesame (or peanuts, or dairy, or a vast array of other potential allergens) in general is unacceptable to an overwhelming supermajority of the population. It's not a reasonable accommodation, and in a democracy it's not happening. Whitelisting products is the solution. Ensure that anything labeled as allergen free is, and then that anyone with the need can get access to it.
Do legislators run simulations on possible downstream effects of laws or…? My impression is that occurrences like this one are not uncommon.
> as written.
I'm not sure you understand what the "spirit of a law" means. It has very little to do with the written wording.
In tabletop RPG circles, there's a very clear distinction between "rules as written" and "rules as intended" (because basically zero tabletop RPGs of nontrivial size can avoid having some rules that fail to properly convey their intent in their plain wording).
It's clear that, by this law "as intended"—ie, the spirit of the law—foods that didn't already contain sesame would be carefully separated from chances of sesame contamination.
You are, however, absolutely correct that "as written", it strongly encourages the behavior being seen.
The spirit of the law could be deduced as “if your product claims to contain no sesame, this law ensures that is true, even in trace amounts”. That spirit is being upheld.
No one can be compelled against their will to manufacture a product containing no sesame, even if they were probably doing so before this law was passed.
This is called "the letter of the law", and in practice courts do not rely on it.
I'm thinking there is no realistic level of subsidy which could make it rational for Bob's Bakery (with 1, maybe 2 or 3 modest retail locations) to build a separate no-Sesame production facility. And a separate no-Peanut production facility. And a separate... And how could Bob afford the extra staffing, property taxes, utilities, etc. for all those?
The article notes that Kellogg's, a company with annual revenue >$10 billion, found it easier to add peanut flour to some products. Vs. dealing, even at their scale, with the whole "separate facilities..." thing.
Sure? If the standard is "0.5% of the population gets perfect medical grade alternatives to literally everything including purely local tiny producers of a common food item" then no that's not going to happen. But if the problem is merely having at least 1-2 national brands on the major super market shelves so that everybody always can buy something safe and nutritious (if not the most exciting), well that strikes me as doable. After all, it's not as if these products had sesame in them anyway, and they are plenty popular with everyone. Some of them are in large enough national volume to justify their own production facilities at the national level. It's "just" a capital expenditure hump and coordination problem for those, which is precisely something the government can help with. Both with the capex side, and with things like taxes of course (which you brought up). I think this is actually easier then some, this isn't like a medicine where only those who need it will consume it, it's making something mass consumed already.
So maybe the real first step that should have been done would have been to actually get all stakeholders together and get a consensus on what the real final realistic goal is here, then craft law to help realize that in a deliberate manner.
Yes, I agree. But - sadly, I have serious doubts about American government and business being capable of such intelligent cooperation these days. At least in any situation short of "Asteroid Dino-Doom v2.0 is gonna hit Kansas".
We already have a working model for gluten free bakeries where they are independently owned and operated entirely gluten free to prevent the situation you describe where a small Baker needs multiple facilities.
Why are you strawmanning a future that's wholly unkind to the point you're responding rather than drawing parallels from reality?
Ps. With Kellogg's, obviously it's cheaper to add peanut flour. People with allergies already aren't purchasing the products, so it costs them nothing to prevent fines, I don't really see the relevance of this, other than to say Kellogg's doesn't think the demand exists for peanut-free Kellogg's products that already may contain peanuts.
I'm not sure what you're confused about here? Say we consider bakers. Essentially before the law there were 3 classes of bakers wrt sesame: known contaminated (actively using it as an ingredient), regular (not actively using it, but make no promises either way), and medical (actively promise to ensure no contamination as a product feature). This law banned regular bakers, and it did it in such a way that they all become medical bakers by default, because if they don't actively use sesame then they must meet the medical standard. But that's TERRIFYING for a regular baker for good reason. Before if they cooked both sesame goods (lots of delicious ones in high demand) and non-sesame goods (same) they could make reasonable efforts and that's fine. But medical means they now look at blame and liability for some child or adult having a serious reaction or even dying. And meeting that level of liability and standards may simply be impossible in an existing mixed normal facility. There is no funding for this mandate either.
The obvious reaction to do is to switch to the "known contaminated" class instead. For the cost of adding a minuscule untasteable amount of sesame flour to everything, now they effectively return back to being regular bakers again. They can keep all their existing cooking, in their existing (very expensive, potentially impossible to move from) facilities. Like, what did anyone expect would happen here?
Edit to the reply, since I'm getting rate limited:
jacknews: "My point is they could simply add 'traces of sesame' to the ingredient list without actually delberately adding sesame."
You're arguing for producers to commit arguable fraud then, and add an ingredient to the list that isn't actually an ingredient and may not be there for the explicit purpose of bypassing a new legal requirement. There is no "simply" about that one. Maybe they'd win the resulting lawsuit, or maybe it'd bankrupt them. Or maybe it would bankrupt them even if they did win, as such things in America often do. And for what benefit?
This entire subject is about second order effects. Please spend a bit of time doing some game theory on any "simple" fixes you wish to propose, and consider why those "simple" fixes aren't what producers did.
This is because if they had changed these rules after being alerted to these absurd side effects by producers, the story would be "FDA tried to pass regulations to protect consumers but scrapped them/ watered them down after aggressive lobbying by Big Sesame".
I think this reporter is confused.
They can't simply label them as "may contain sesame", as it doesn't absolve them of needing to prevent cross contamination.
Their only reasonable choice is to just add sesame.
If a bakery is jumping through hoops just to make a batch of sesame buns daily, I think there's some misdirected effort.
My initial feeling is that it could protect small and local businesses and possibly encourage investments from large nationals who would find it less expensive to pay others to produce certain products.
I'm not sure whether 17% of child food allergies counts as an edge case? Food allergies are serious stuff.
First, it doesn't give any indication of the percentage of children with food allergies. Is it also about 20% (which would mean sesame allergies affect approximately 4% of children)? Or is it more like 4% (which would mean sesame allergies affect approximately 0.8% of children)?
Second, it doesn't say anything about the severity of the allergy. My brother-in-law has a severe, anaphylactic allergy to peanuts. Traces of peanut in anything he eats could kill him. On the other hand, I have a close friend with an allergy to tree nuts...that makes his throat kinda itchy for a while if he eats too many.
Yes, we need to be mindful of food allergies, and properly label foods for them. But that doesn't mean we should be using incomplete or misleading statistics to inform our decisions about how prevalent serious problems with certain foods could be.
> Using survey responses from 78 851 individuals, an estimated 0.49% (95% CI, 0.40%-0.58%) of the US population reported a current sesame allergy, whereas 0.23% (95% CI, 0.19%-0.28%) met symptom-report criteria for convincing IgE-mediated allergy. An additional 0.11% (95% CI, 0.08%-0.16%) had a sesame allergy reported as physician diagnosed but did not report reactions fulfilling survey-specified convincing reaction symptoms. Among individuals with convincing IgE-mediated sesame allergy, an estimated 23.6% (95% CI, 16.9%-32.0%) to 37.2% (95% CI, 29.2%-45.9%) had previously experienced a severe sesame-allergic reaction, depending on the definition used, and 81.6% (95% CI, 71.0%-88.9%) of patients with convincing sesame allergy had at least 1 additional convincing food allergy. Roughly one-third of patients with convincing sesame allergy (33.7%; 95% CI, 26.3%-42.0%) reported previous epinephrine use for sesame allergy treatment.
https://jamanetwork.com/journals/jamanetworkopen/fullarticle...
Because today's small businesses can become tomorrow's large businesses. Each new rule is a barrier to entry. Here, for example, zero-contamination rules for sesame would make it impossible for a small business to make both sesame-containing and sesame-free products unless they can afford an entirely separate production line or long deep-cleaning periods between runs. Large business, large enough to have simultaneous production lines, can rearrange production more easily to avoid disruption.
With a large-enough regulatory fortress, incumbent businesses protect themselves from competition, losing that very "progress" that you champion.
- Govt subsidizes new businesses with capital/staff/what-have-you so they can comply
- ...and to steal a libertarian arg against welfare: charitably-minded private citizens could do the same :)
- Expand social safety net so private businesses don't have to provide the same for their employees, freeing up capital for compliance- We can just deal with a higher threshold starting businesses... like honestly what _is_ the proper threshold here? Are we even optimal now? Lots fail and ruin peoples lives, when honestly maybe it's better for those same people to go work at a successful business as a manager.
To explain barriers to entry, consider that right now you can choose between an iOS phone and an Android phone and nothing else. Try to imagine how much it would cost to write a 3rd OS and kickstart a useful app store (you'd have to bribe devs to port their stuff, and not even that worked for Microsoft).
That is an extreme barrier to entry.
If you're not careful, you'll end up with one or two options for everything.