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FDA Issues Definition for 'Gluten-Free' on Food Labels


Recent Happenings in APRM
August 2013

On Friday, August 2, 2013, the United States Food and Drug Administration (FDA) published a new regulation establishing standards for when a food product can claim to be "gluten-free." According to the final rule, food bearing a "gluten-free" label, as well as foods claiming "no gluten," "free of gluten" or "without gluten," must not contain more than 20 parts per million of gluten.

Gluten is a naturally occurring protein in wheat, rye, barley, and various hybrids of those grains. According to the FDA the new rule will ensure uniformity in food product labeling and provide the approximately three million Americans who suffer from celiac disease the opportunity to make informed food purchasing decisions. Foods that contain gluten trigger production of antibodies that attack and damage the lining of the small intestine in people with celiac disease, which can lead to very serious health conditions. Thus, people with celiac disease must maintain a strictly gluten-free diet.    

Food manufacturers will have until August 2014 to bring their labels into compliance with the new requirements.

For more information, please contact the professional(s) listed below, or your regular Crowell & Moring contact.

John Fuson
Partner – Washington, D.C.
Phone: +1 202.624.2910

Crowell & Moring LLP is an international law firm with offices in the United States, Europe, MENA, and Asia that represents clients in litigation and arbitration, regulatory and policy, and transactional and corporate matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation and government-facing matters, as well as its ongoing commitment to pro bono service and diversity, equity, and inclusion.

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