[infecto]

I don’t know honestly. I understand the spirit of it but I also don’t believe a factory should have to be serve markets that it chooses not too. My point which I did not get to very well is that I think the FDA is in a weird spot. I understand their side but I also wonder how a bakery can legally and with the spirit of the law decide to not serve customers with allergies.

[Miner49er]

It's not forced to serve markets. They are just not allowed to say their products contain sesame when they don't. They are mislabeling their products, and the FDA's job is to ensure products are labeled accurately.

[infecto]

I am not sure which is why I think its a confusing spot. From the article...

- "FDA officials indicated that allergen labeling is a “not a substitute” for preventing cross-contamination in factories."

- "some companies began adding small amounts of sesame..FDA officials said that violated the spirit, but not the letter, of federal regulations"

Hence my open ended question, how do you legally and with the spirit of the law not serve the allergy market? If you allergen labeling is not a substitute for preventing cross-contamination...what if I as a baker/factory don't care about cross contamination?

[s1artibartfast]

Bust saying they don't is a legal claim that they can be sued or fined for being wrong, and brings extra cost to prove it.

Seems like "may contain trace xxx" is a factual statement if they don't ensure otherwise.