May Contain vs Produced in a Facility

Photo Credit: Food Allergy Canada

The labeling conflict that (still) has the food allergy community in a grip.

From February 18-20, 2026, the Food and Drug Administration (FDA) held a public meeting and listening session on food allergen thresholds and their potential applications. The purpose? To discuss successful avoidance requirements of food allergens, the use of food labels that provide clear, complete, and consistent information about allergen-containing ingredients, and the development of guidance for industry on allergen cross-contact controls. About 130 individuals representing the food industry, patient advocacy groups, consumers, academics, and healthcare professionals provided commentary during this meeting. Why is this meeting so important? Let’s dive in.

Precautionary Advisory Labels (PALs) are essentially statements that manufacturers may include on their food labels to indicate a potential exposure to allergens. This includes statements like “May Contain,” “Processed in a facility that also processes,” or “Processed on the same equipment as.” However, PALs have so far been optional for manufacturers. While institutions like the UC Davis Dining Services inform consumers that PALs are disclosed on their menu, the FDA does not regulate this form of labeling. The problematic use of PALs is that there might be no guarantee the allergen exists - seen on a menu at a restaurant as “We cannot guarantee that."

PAL labels

Photo Credit: American Academy of Allergy, Asthma and Immunology

According to feedback received by the Natasha’s Foundation, there is a growing frustration with the current functioning of the PAL usage. Brands and businesses have inconsistently used the term ‘may contain’, and users have noticed over-reliance by brands on the warnings for legal protection rather than clarification.

It is important to remember that the “contains” statement on the back of a packaged food product has been specified by the Food Allergen Labeling Consumer Protection Act (FALCPA) since 2004. It specifies that an ingredient list with sodium caseinate should state it contains “sodium caseinate (milk)” instead of just “sodium caseinate”. The Food Allergy Safety, Treatment, Education & Research (FASTER) Act of 2021 now implements the inclusion of sesame as a common food allergen as well. FALCPA has been applied to conventional food items, vitamins, dietary supplements, infant formula and foods, medical foods, and all other retail and food-service products packaged for sale. However, allergens found in prescription and over-the-counter drugs, personal care items, pet foods and supplies are not obligated to follow FALCPA since their products are regulated by the United States Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS).

FALCPA-approved labeling

Photo Credit: American Academy of Allergy, Asthma and Immunology

Labeling misnomers is not just a challenge for what you can buy at a grocery store. Restaurant and food business operations are now facing regulated obligations that have made it a legal requirement. California and New York have made it law and have seen it in fruitful effect already (these laws apply to prepacked food at places that serve food). For these services, the disclosure of allergen information is encouraged on menus, menu boards, allergen charts, or through other written means at the point of ordering or at service (as mentioned by AAA Food Handlers). The 2022 FDA Food Code is a disclosure obligation that is being considered at the adoption stage across many different states and appropriate jurisdictions.

It is curious to note how institutions and manufacturers have worked their way both around and through these regulatory loopholes to provide a safer space for individuals with food allergies. UC Davis is one of the many rising colleges that offer an Allergy-Friendly dining platform (‘Purple Zone’). The FDA continues to provide resources to file consumer complaints as well as providing a platform for individuals to speak about their experiences. For restaurants, an incorrect allergen label can result in civil liability exposure as well.

Essentially, food allergy labeling is still a tough world to navigate, with the regulations dependent on those who understand which allergens are the most important to mention. Various conversations and decisions have to be made in regards to navigating how cross-contact occurs, how to communicate allergen information as accurately as possible and state-specific requirements may change things. 

Note: If you or anyone you know has had an allergic reaction as a result of a mislabelled item, always be sure to contact the relevant authority to prevent further reactions. The Allergy Asthma Network has suggested some steps and relevant reporting bodies.