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Summary Report: FY 22/23 Sample Collection and Analysis of Retail Dairy-Free Dark Chocolate and Chocolate-Containing Products for Milk Allergen

September 17, 2024 - from the FDA:

The U.S. Food and Drug Administration (FDA) conducted an initiative to collect and test retail dark chocolate products and chocolate-containing products labeled as “dairy free” (or with similar free-of-milk claims)[1] for milk in cooperation with the Pennsylvania Department of Agriculture (PDA) and the Michigan State Department of Agriculture and Rural Development (MDARD) in 2022 and 2023. The FDA designed the assignment, and the state agencies performed the sample collection and testing.

This initiative was part of the FDA’s continued efforts to protect consumers with food allergies and is a continuation of a similar initiative implemented by the FDA in FY2018-2019. The latest initiative included additional chocolate-containing products, such as chocolate chip cookies, chocolate syrups, and chocolate baking powders, which were not part of the previous data collections. The FY22-23 initiative also sought to gain insights into the extent to which retail chocolate and chocolate-containing products that bear dairy-free or similar claims contain unintended milk at levels that may be potentially hazardous to people with a milk allergy.

The FY22-23 initiative examined retail dark chocolate products and chocolate-containing products that were labeled as dairy-free or with similar free-of-milk claims. The state personnel only collected samples of products that did not list milk as an ingredient on the product label. Milk detected in the samples could have been present due to a variety of factors, including labeling error or allergen cross-contact. Allergen cross-contact refers to unintentional incorporation of an allergen into food; it may occur during manufacturing or at a firm that supplied a product ingredient.

The analytical results of the 210 samples collected and tested under this effort are provided in the table that accompanies this report. These samples represent multiple products from approximately 50 firms.

Of the 210 samples, 13 tested positive for milk (i.e., with levels above the limit of quantification of the Neogen Veratox for Total Milk Allergen ELISA test kit). Twelve of these 13 samples contained less than 80 ppm, with one sample testing at 1,083 ppm milk. These 13 samples were produced by three different firms: one cookie product from Firm A (out of one sample tested), eight chocolate bar products from Firm B (out of 17 samples tested), and four chocolate bar products from Firm C (out of 34 samples tested), as shown in the results table. The sample with 1,083 ppm milk was a chocolate bar by firm B.

Each of the 13 products with positive milk findings were found to have not only a “dairy-free” type of statement but also allergen advisory statements intending to indicate the possible presence of milk to consumers. Their labeling stated that the products were “…made in a facility that also processes milk,” or featured similar wording.

The use of the allergen-free claim together with the allergen advisory statements for the same allergen on a product label may provide inconsistent information to consumers and should therefore be avoided.

Preliminary investigations completed by the firms and state agencies have implicated the suppliers of dark chocolate ingredients used by the firms as a possible source of the unintended allergen presence. Firm A agreed to remove “dairy-free” claims from its products when the root cause analysis is complete and if the cause of the presence of milk could not be determined and eliminated. Firms B and C removed the “dairy-free claim” from their chocolate products and provided updated labels to the FDA and its state partners as confirmation.

In the FY 2022-2023 initiative, all samples found to contain milk had milk allergen advisory statements. The FDA advises that firms that use a voluntary allergen-free statement ensure that the product doesn’t contain the allergen and that there is no inconsistent allergen information on the product label. Consumers with milk allergies who choose to eat dairy-free labeled products may contact firms to ask them questions about how their products are made, including whether they are made on dairy-free dedicated equipment, whether the ingredients used are dairy-free, and whether they test their products with dairy-free claims to confirm the accuracy of the claims.

The presence of milk in dairy-free labeled products on the market remains a concern for the FDA, given the potential for a health hazard for consumers with milk allergies. The FDA will continue to monitor the U.S. food supply to protect consumers with food allergies.

September 9, 2024 from The Food Institute by Rabbi Moshe Elefant:

"More than 41% of U.S. food processors and manufacturers rely on kosher certification to help them reach a wider audience of consumers, reaching far beyond followers of observant Judaism.

"Research shows that manufacturers whose products carry a kosher supervision symbol obtain more favorable shelf space in supermarkets and outsell non-certified items of the same type by 20%. In short, manufacturers find it easier to get wholesalers and distributors to carry their products, while retailers find it easier to sell them.

"Tens of millions of American consumers – most of whom are not Jewish – see unique value in kosher-certified food products, making kosher certification one of the most successful marketing programs around.

"t’s estimated that approximately 70% of all food products on store shelves today have kosher certification.

"There are still many products that could be eligible for kosher certification, but for various reasons their makers have not applied for it. What many manufacturers and retailers may not realize is that going kosher doesn’t have to be complicated.

"For those with less cursory familiarity with them, the rules for kosher certification may seem complicated – but for many manufacturers, getting certified is likely not much more than a matter of filling out some forms.

"Assuming that a product does not contain outright non-kosher ingredients, such as pork, shellfish, non-ritually slaughtered beef or chicken, or non-kosher-certified cheeses, certification is likely to be just a matter of engaging with a certification agency’s supervisors, who will review ingredient lists and manufacturing processes.

"With over a million kosher certified raw ingredients on the market – from oils to stabilizers to colorings to everything in between – the chances are high that a product is already “kosher-ready,” with the certification process simply a verification of the ingredients, process, and factory location. With such a wide variety of certified raw ingredients, manufacturers should have no problem finding an equal or even superior certified ingredient of the same type to replace an uncertified one.

"Besides kosher-keeping consumers, and consumers seeking higher-quality manufactured food products, kosher certification appeals to a large subset of Americans with specialized diets – vegan consumers, religious consumers of several faiths, including Muslims and Seventh-Day Adventists, lactose-intolerant consumers, and those seeking gluten-free products.

"Vegans know that a product labeled “kosher pareve” will contain no meat or dairy products (except, possibly, eggs) so it’s safe for them to buy. The same goes for lactose-intolerant consumers, who are assured that the pareve label guarantees that no milk or milk-based ingredients are present.

"Those seeking gluten-free products will find a plethora of them in certified kosher products around Passover time, when the holiday’s prohibition on eating leavened grains prompt production of many items that do not contain any wheat, with ingredients like almond flour or potato starch substituting for the usual wheat flour in products like cereal, pasta, and even baked goods that look like bread.

"The food sector is extremely competitive, with producers of all kinds competing for shelf space, and spending billions annually on advertising, marketing, discounting, and other programs – all designed to get more consumers to adopt their product. Kosher certification isn’t as flashy as lavishly-produced TV or social media ads – but it is trusted by a growing number of consumers and is a proven way to increase business."

Ed. note: Article presenting why companies should become kosher to increase their sales.

September 5, 2024 from Food Safety News:

"The California Legislature has banned more food ingredients in the name of food safety. This time, six food dyes are being banned from California’s public schools. Passed unanimously by the California Senate and Assembly, the California Food Safety Act only awaits the governor’s signature to become law.

"The bill prohibits public schools from serving food and beverages containing synthetic colorings, which California lawmakers believe are linked to neurobehavioral issues experienced by some children.

"Assembly Bill 2316 bans dyes in schools, including Red 40, Yellow 5, Yellow 6, Blue 1, Blue 2, and Green 3. The ban follows the complete prohibition of the manufacture, sale, and distribution of any foods anywhere in California containing the additives red dye no. 3, titanium dioxide, potassium bromate, brominated vegetable oil, and propylparaben."

August 25, 2024 from Harvard Crimson:

"Harvard University Dining Services will expand its kosher food options after a decades-long effort to introduce hot kosher lunches in undergraduate dining halls covered by the College’s undergraduate meal plan.

"HUDS will now offer students hot kosher meals for lunch and dinner six days a week at Harvard Hillel’s dining hall and two undergraduate dining halls — Annenberg Hall and Pforzheimer House. All three locations will have cold kosher offerings for lunch and dinner on Saturdays — the only day when hot options won’t be provided.

"The expansion, which implements one of the preliminary recommendations released by the presidential task force on antisemitism, comes as Harvard seeks to demonstrate its commitment to addressing campus antisemitism.

"Harvard Hillel Executive Director Jason B. Rubenstein ’04 wrote in a statement on Friday that he had been advocating for the expansion since he was an undergraduate at Harvard more than 20 years ago.

"The food offered at all three locations will be prepared under the supervision of a mashgiach from Boston’s rabbinical council (KVH), a supervisor who must oversee the preparation of food to certify that it is kosher.

"The food at Hillel will also be served under the supervision of a mashgiach, but the offerings at Annenberg and Pforzheimer will be offered to students for self-service, without mashgiach oversight.

"Though the lack of mashgiach will deter some students who follow strict kosher standards, former Hillel President Jacob M. Miller ’25 said the expansion of kosher food options to undergraduate dining halls is a “big win” for non-Orthodox Jewish students who will only eat kosher meat.

"The kosher menu will feature meat and parve options five days a week. On Thursdays, students who keep kosher will be offered dairy and fish entrées.

"Before the change, Jewish students who kept kosher could only eat hot meals at Hillel’s dining hall during dinner. While HUDS previously piloted a hot kosher lunch option in Quincy House in fall 2021, lunch offerings were usually limited to cold sandwiches or packaged and reheated leftovers. And none of the dining halls where most students eat their meals — Annenberg and the upperclassmen Houses — offered hot kosher options.

"The main constraint that prevented the addition of hot kosher options during lunch was limited storage in Hillel’s facilities, which were already “stretched thin” by storing the food needed for dinner service, according to Miller.

"Though the expansion of kosher food options was announced on social media by Hillel without much fanfare, it is one of the first major changes made by the University in response to the recommendations released by the antisemitism task force."

Kosher Dining & Halal Dining at Harvard College

Kosher Guide to Harvard Dining Halls

August 29, 2024 from Nebraska Examiner:

"Gov. Jim Pillen and the Nebraska Department of Agriculture announced new regulations Thursday against “lab-grown meat” or “fake meat,” with Pillen eyeing 2025 legislation to prohibit the sale of such products within the state.

"On top of new regulations, standards and the potential legislation, Pillen signed an executive order Thursday that prohibits state agencies from procuring lab-grown or other meat alternatives. The order also requires entities that contract with the State of Nebraska to promise not to discriminate against natural products in favor of laboratory or cultivated meat producers.

"Nebraska Agriculture Director Sherry Vinton said her agency will be launching new labeling regulations 'simply to protect consumers from being misled.'

"Similar to recent regulations in Iowa, manufactured protein or lab-grown meat would be required to be clearly and distinctly separated from “natural, real meat” under the future regulations and be labeled as such with a conspicuous and prominent label, Vinton said.

"Standards will also be developed to determine when manufactured food, cell-grown or lab-grown meat is being falsely advertised or misbranded, she said.

"Pillen described the new efforts as “a big deal” as Nebraska enters “a full-blown attack on lab-grown meats and fake meat.” He campaigned on the promise to tackle fake meat and dairy in 2022 and said Thursday he should have embraced the changes on his “second day.”

"Secretary of State Bob Evnen received and signed the executive order Thursday afternoon, so it took effect right away."