9 ms·
This is about sesame. Last year or so, the FDA changed the rules about sesame as an allergen. Some bakeries then decided to just slap "may contain traces of ses
by utensil4778 2y ago
This is about sesame. Last year or so, the FDA changed the rules about sesame as an allergen. Some bakeries then decided to just slap "may contain traces of sesame" on everything so they didn't have to pay the cost of actually ensuring there's no cross-contamination.
This has significantly harmed consumers who are actually allergic to sesame. Now there's effectively no way to know if a baked product will actually contain sesame, so you either get to eat nothing or take the chance.
It was a clear and flagrant abuse of the "may contain traces" mechanism. The bakeries caused harm for consumers as a way to avoid the coats of doing business safely.
- underseacables 2y agoIf it says it on the label, and you're allergic to it, then you shouldn't eat it. This doesn't harm consumers at all.
- Detrytus 2y agoIt does harm consumers by severely limiting their choices, especially if companies start putting the warning on every product by default, instead of actually making reasonable effort to prevent contamination.
- baggy_trough 2y agoYour definition of reasonable may differ greatly from those who must perform said efforts.
- starttoaster 2y agoYou couldn't write a more perfect allegory for what has already happened due to California's Proposition 65. The common denominator here is that the government gives companies new rules to follow, and enforces severe penalties for breaking them, and so the companies minimized their risk by following them to the extreme. It's almost like if you want a different outcome, the government agencies involved need to step up and do a more thoughtful job of architecting these policies in a way where the companies are forced to follow the "spirit" of them. I can't be mad if I create a policy, and someone follows it. My intention should have been in the policy, not just implied.
- inferiorhuman 2y agoThe common denominator here is that the government gives companies new rules to follow, and enforces severe penalties for breaking them, and so the companies minimized their risk by following them to the extreme. Hardly. Prop 65 initially contained minimal guidance and essentially no teeth. So rather than identify problematic chemicals companies just slapped generic Prop 65 warnings on everything. architecting these policies in a way where the companies are forced to follow the "spirit" of them. Prop 65 was updated so that companies were required to put specifics on the warning label. The state even went so far as to start enforcing the requirements, and then… I can't be mad if I create a policy, and someone follows it. And then the state got sued because apparently labeling your products is simply more difficult than legal action.
- Molitor5901 2y agoProp 65 DOES contain teeth, of the worst possible kind. It works by an attorney finding a product without a Prop 65 label. Then the law firm sends a demand to the state that the product have the Prop 65 label. If the state does not take action, then the law firm may take private action by suing the company to force them to have the label, and get all of their legal expenses paid for by the state. It's lead to an entire industry of attorneys suing just to get the attorneys fees.
- inferiorhuman 2y agoCan't tell if you're serious or not. Private complaints must be reviewed by the local AHJ and include a certificate of merit. Folks being sued privately have 2 weeks to add labels. This is, of course, after waiting 2 months for the government to take action. Hardly the worst kind of teeth.
- javier123454321 2y agoI suppose we have different definitions of harm. Providing a product which might contain an allergen and notifying you of that possibility is not harm in my book.
- thrill 2y agoAnd what is the FDA definition of "reasonable" that will keep the ambulance chasers away from their businesses?
- zuminator 2y agoIf there's no way to disambiguate "actually contains allergen X" and "almost certainly doesn't contain allergen X," then rather than being extra-cautious, eventually consumers may come to carelessly disregard the warning text, assuming (correctly) that it most likely falls under the second case. The harm ensues when the heuristic fails.
- stoperaticless 2y agoThat I feel is on the consumer as business just does a full disclosure. The business discloses, what was added as ingredients, and what contamination is possible. (Because production line is shard or similar) What more do you want? I guess results of regular random testing could be put online. Forbid using same knife to slice different things is another thing to be done.
- Spivak 2y ago> What more do you want? That the labeling disambiguate "made in a factory that makes sesame products" and "actually contains sesame." What we now have with "may contain" could be either and everyone is worse off
- starttoaster 2y ago> It was a clear and flagrant abuse of the "may contain traces" mechanism. The bakeries caused harm for consumers as a way to avoid the coats of doing business safely. In the exact same way that every product ever invented may cause cancer in California, I assume? This is a problem with the FDA, not the companies. Give a dog a long leash, they're going to use the slack.
- heavyset_go 2y agoCompanies aren't dogs, companies have obligations that they need to fulfill and they're choosing to neglect them.
- starttoaster 2y ago> Companies aren't dogs Metaphor, but sure, quite literally they're not dogs. Very true. > companies have obligations that they need to fulfill and they're choosing to neglect them. From our eyes they're neglecting to follow the spirit of a policy. From their eyes, they're following it to the letter of the policy. Perspective.
- Molitor5901 2y agoAFAIK you are required to follow the letter of the law, not the spirit. Whatever spirit moved the legislature into approving a law is secondary to the actual wording of the law. If congress wanted people to follow "the spirit of the law" then they should have made the law more explicit, instead of leaving it up to the FDA to decide what's the right spirit to have.
- wombatpm 2y agoFor my friends everything! Fir my enemies the law!
- zeroonetwothree 2y agoPresumably the majority of people that don’t have sesame allergy would prefer to pay less for bread so I’m not as clear that “our” and “their” are different here.
- hollerith 2y ago>Now there's effectively no way to know if a baked product will actually contain sesame You are catastrophizing. It remains the case that any baked product that doesn't have "may contain traces of sesame" on the label must by law be free of traces of sesame. And if no producer chooses to produce such a product, then it is because the number of people who want it is quite small (or the costs of complying with regulations is too high to make a profit), and it is not hard for someone to bake their own bread.
- marshray 2y agoNo one wins by some percentage of the population having to bake their own bread. If these facilities cannot keep unwanted visible particulates like sesame out of their products, how can they keep dirt and bacteria out? This regulation is not only good for people allergic to sesame, it's a brown M&M test. I see value in it.
- brookst 2y ago> how can they keep dirt and bacteria out? They can't. It's statistically impossible. Even operating theaters and clean rooms can't keep every trace bit of dirt or bacteria out. All anyone tries to do is reduce the incidence to below a meaningful threshold. If the requirement is: either eliminate every last molecule of every offending substance, or use a label that the offending substance may appear in trace amounts... well, everyone is going to opt for the label.
- marshray 2y agoI didn't say "every last molecule", I said "visible particulates". Nice attempt to straw-man though.
- stoperaticless 2y agoNot a straw man if you look at the spirit of the argument.
- quickthrowman 2y agoIs a bakery obligated to sell sesame-free products? If a bakery wants to limit their potential customers by saying their products may contain sesame to avoid liability, I don’t see why the FDA should step in and force them to take on liability and capital costs for sesame free factories. If the FDA’s current allergen rules are leading to this outcome, perhaps it’s the FDA’s rules that are flawed.
- infecto 2y ago> It was a clear and flagrant abuse of the "may contain traces" mechanism. The bakeries caused harm for consumers as a way to avoid the coats of doing business safely. My view is that the business should be able to decide who they want to service or not. According to recent US studies, 0.2% of the population have a noticeable allergy to sesame. Seems like bakeries don't want to invest money for such a small percentage. It sucks but this opens the door for new bakeries to cater towards those with this specific allergy. Why does the government need to force business to do it?
- jasinjames 2y agoThe number might be 0.2% for just sesame, but roughly 10% of Americans have some form of allergy[0]. I'm guessing the reasoning here is to attempt to prevent "allergen creep", where the endgame would be major manufacturers throwing their hands up and listing most products as possibly containing many allergens (or, as in this case, intentionally introducing unnecessary ingredients). If this were to happen, we would expect a number approaching 10% of consumers to have a needlessly large selection of foods they couldn't reliably purchase, even if there would be negligible risk otherwise. At that point, the usefulness of requiring the labels to begin with is considerably diminished. Having a cottage industry of "actually correctly labeled" foods because the standard labels are poorly enforced seems inefficient, IMHO. [0]https://www.foodallergy.org/resources/facts-and-statistics https://www.foodallergy.org/resources/facts-and-statistics
- int3 2y agoeven if it were 10%, we shouldn't expect 90% of consumers to subsidize the other 10%
- mitthrowaway2 2y agoI'm not sure how to separate this mindset from one that would have commercial buildings not be required to include elevators and wheelchair ramps. Do you also think that's an unfair burden to put on the roughly-90% of people who are not mobility-impaired? (Not implying any judgement either way, just curious if this is a consistent viewpoint).
- fargle 2y ago> This is about sesame. yes! > This has significantly harmed consumers who are actually allergic to sesame. maybe. more like: "This may have slightly annoyed..." > It was a clear and flagrant abuse of the "may contain traces" mechanism. nope. absolutely not. the did not say "may" they apparently said "contains". but what do you want them to do if there's a 0.0001% chance of two particles of sesame in a product? > The bakeries caused harm nope. the FDA caused harm for consumers by regulatory overreach the result will be one of three things: 1. FDA redrafts the sesame rule to define what is cross-contamination and what is not in a realistic way that bakers will agree to abide by and doesn't have these counter-productive side-effects. 2. Bimbo stops saying "contains sesame" and starts saying "may contain sesame" (the FDA officials acknowledged Tuesday that statements that a product "may contain” certain allergens "could be considered truthful and not misleading.") 3. Bimbo actually adds a tiny bit of sesame as other bakers did and keeps the packaging verbiage the same. which one is least unhelpful to the 0.2% of people with sesame allergies?
- bradleyjg 2y agoThis has significantly harmed consumers who are actually allergic to sesame. Their lobbying group caused the problem in the first place by pushing congress to pass unreasonably expensive cross contamination rules.
- hn_throwaway_99 2y agoThe other (cheaper) alternative is to deliberately add sesame flour, which some bakeries are doing, according to the article. So what do you think is better: 1. Label bread with the "may contain" label. Meaning, truthfully, that people with severe sesame allergies shouldn't eat it. 2. Add sesame flour and then add a "definitely contains" label. I think #2 is much worse from a "significantly harms consumers" perspective.
- bsder 2y agoThat's not necessarily true. It depends upon the severity of the allergy and the percentage of people with mild vs severe allergies. If you have a mild sensitivity, the added sesame may be below your threshold. Now you know that the sesame is controlled so you can always buy the product. The problem is that the people with severe allergies expected that the new FDA rules would have manufacturers significantly retool to avoid cross contamination. Everybody with two brain cells to rub together predicted that they would absolutely not retool and would just add trace amounts of the contaminant.
- kgwgk 2y ago> If you have a mild sensitivity, the added sesame may be below your threshold. Now you know that the sesame is controlled so you can always buy the product. If you can buy the product with the added sesame you could also buy the product without the added sesame, could't you? Nothing changes in that case - while in other cases the added sesame creates a problem. It doesn't improve the situation for any consumer (leaving aside pricing).
- bsder 2y ago> If you can buy the product with the added sesame you could also buy the product without the added sesame, could't you? No. That does not follow. Before, with "may contain sesame" the product might or might not contain enough sesame to trigger your reaction as it was completely uncontrolled. Sure, 99 times out of 100 it was fine but when somebody ran sesame burger buns on the third shift it would make you barf for 48 hours. You simply cannot eat that product on the off chance that it might be bad even though 99% of the time it is fine. After, you know there is exactly X amount of sesame and never more than that. You can test the product once and it either affects you or it doesn't. At that point if it doesn't affect you, you can buy the product and be confident that it won't change. Manufacturing 101: Anything that isn't measured isn't controlled.
- deleted 2y ago[deleted]
- TeMPOraL 2y ago> Now there's effectively no way to know if a baked product will actually contain sesame, so you either get to eat nothing or take the chance. If they never properly checked their production lines to ensure products without sesame don't contain sesame, there never was an effective way to know that you're not getting a surprise seed in your non-sesame-labeled food.
- Ferret7446 2y agoSo maybe the FDA shouldn't have changed the rules if it significantly harms consumers? And I don't see how it harms consumers. These foods that may contain traces of sesame, had always might have contained traces of sesame. So are traces of sesame dangerous or not? If they are, then consumers shouldn't have been eating these foods to begin with. If they aren't, why are the FDA forcing the labeling?
- Spivak 2y agoI have a friend who is allergic to sesame, this law was really frustrating for her. The brands who purposely added sesame to comply with the law she couldn't eat anymore, the brands that just added the label she also couldn't eat because she couldn't tell the difference between the two. Before the law if sesame wasn't listed it meant it was at worst trace amounts and if it was listed it was off limits. She isn't "immediately dies on contact" allergic so to solve this problem we had a "loaf party" where we got one of every brand of bread in the grocery store, she would get to try all of them and each person goes home with the rest of a loaf. It was fun all things considered but silly that it was necessary. So yeah, I have no idea why the fda did this, it seems worse for everyone involved.
- stainablesteel 2y agolabeling a product for potential allergens doesn't hurt consumers, its meant to do the opposite otherwise they might hurt themselves if they're allergic to it. so now we have to play the game that its dangerous to label and dangerous to not label, this hurts producers because they'll be sued no matter what, it just makes business impossible. eating baked goods is not a right its a preference, capitalism says to find a bakery that suits your needs. and to be even more split over this, any food content can be some kind of allergen, now that what used to be normal spices are being converted to allergens one at a time we have to make distinctions like this, if i ran a bakery i would just label everything as being made with allergens too because we used to just call them "ingredients"