FALCPA allergen labeling: what the 2004 Act actually requires

The short answer

FALCPA requires packaged FDA foods to declare the major food allergens using their common names — either inside the ingredients list or in a Contains statement immediately after it. It does not require “may contain” warnings, and it does not cover every food that can cause a reaction.

Where this shows up in a real kitchen

Before 2006, a customer could see “whey” without seeing “milk”. FALCPA closed that gap for a defined list of major allergens. It applies to FDA-regulated packaged foods, including conventional foods, dietary supplements, and infant formula labeling in relevant parts. It does not replace Nutrition Facts, and it does not apply in the same way to raw agricultural commodities or to restaurant plates.

The US rule

The Act names milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat and soybeans. The FASTER Act later added sesame. You must use the allergen’s common name: “flour (wheat)”, not only “flour”; “whey (milk)”; “tahini (sesame)”. Fish and Crustacean shellfish and tree nuts must be named by species or nut type — “fish” or “nuts” is not enough. FDA’s FALCPA page is the primary explainer.

How to apply it

For each ingredient, ask whether a major allergen is in it, even if the supplier used a technical name. Put the common name in parentheses after the ingredient, or collect them in a Contains line that matches the list. Do not list an allergen in Contains that is absent from the recipe. Do not hide sesame under “spices” or “natural flavors” if it is an ingredient.

1. Pull the current specification for every ingredient, not last year’s.
2. Map technical names (casein, albumin, lecithin, tahini, miso) to major allergen names.
3. Name fish, shellfish and tree nuts by type whenever they are ingredients.
4. Choose either parenthetical declarations, a Contains statement, or both — then proof they agree.

Worked example

A jar of satay sauce lists “peanut butter, coconut milk, soy sauce (soybeans, wheat), brown sugar, lime, garlic, chili”. Contains: peanut, soy, wheat. Coconut is labeled as a tree nut by FDA for allergen purposes, so many labels also declare coconut. Anchovy is not in this recipe — do not copy a generic Thai-sauce Contains line that names fish.

Declaring “nuts” instead of the nut

Tree nuts must be named: almond, pecan, walnut, cashew, pistachio, hazelnut, Brazil nut, macadamia, coconut where it applies. A single word “nuts” does not meet FALCPA for tree nuts.

Questions