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The Food Allergen Labeling and Consumer Protection Act of 2004 (FALCPA)
What FALCPA Means for Gluten-Free Food Shopping

By Nancy Lapid, About.com

Updated November 04, 2008

About.com Health's Disease and Condition content is reviewed by the Medical Review Board

Why Aren't Oats a "Prohibited Grain"?

According to the FDA, its reasons for not making oats a "prohibited grain" include the following:
  • Some nutrition experts -- including those from The National Institutes of Health, the American Dietetic Association, and some celiac disease research/treatment centers -- do not agree that people with celiac disease must absolutely exclude oats from their diet.
  • Research suggests that most people with celiac disease can tolerate a limited amount (such as 50 grams) of gluten-free oats every day.
  • Allowing oats free of gluten from cross-contamination to bear a "gluten-free" labeling claim would make it easier for consumers to identify such oats in the marketplace and may serve as an incentive for more manufacturers to produce such oats.

Does FALCPA Require Manufacturers to Label Products with Advisory Statements?

No. FALCPA does not address the use of advisory labeling, including statements describing the potential presence of unintentional ingredients from cross-contamination.

Where Can I Review the Proposed Rule in its Entirety?

The proposed rule has been published in The Federal Register (72 FR 2795) and is available on the Web.

Can the Public Give Opinions to the FDA on the Proposed Rule?

The deadline for public comment on the rule was April 23, 2007. You can read some of the comments (and learn more about the implications of the proposed rule) on the website of the Celiac Sprue Association.

Sources:

U.S. Food and Drug Administration

Pietzak M. Gluten-free Food Labeling in the United States. Journal of Pediatric Gastroenterology & Nutrition 2005; 41(5):567-568.

The Celiac Sprue Association

Wegmans Supermarkets

The Gluten Intolerance Group

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