Bimbo Bakeries Stands Up to FDA on ‘False’ Sesame Labels

By:
in Food Allergy, Food Allergy News, Soy & Seed
Published: October 9, 2024
Photo: Getty

Two advocacy groups are voicing concern over the response by Bimbo Bakeries USA to an FDA warning letter about sesame labeling. The Center for Science in the Public Interest (CSPI) and FARE (Food Allergy Research & Education) say the giant commercial baker continues to violate allergen labeling requirements.

The federal regulator had called out the baking behemoth for “false and misleading” package labels on breads in June 2024. The FDA’s warning letter told the company to stop using package labels that list sesame and nuts as ingredients in four Sara Lee brand breads. The FDA said the allergens were not in fact present.

But in an October 9 statement, CSPI and FARE say the maker of several well-known bread brands is not remedying the allergen labeling issue. In fact, Bimbo Bakeries uses its response letter to the FDA to explain its position, rather than comply with the regulator’s direction. 

It also justifies the practice of “adding sesame” to bread products that did not previously contain it as a way to protect allergic consumers. 

“We are disappointed to learn that Bimbo Bakeries is defending its poor behavior under the guise of feigning concern for this patient community,” says FARE CEO Sung Poblete, PhD, RN in the statement.

CSPI obtained Bimbo Bakeries’ July 2024 response letter through a request to the FDA under the Freedom of Information Act. 

In that letter, the company explains that it produces the bread products at multiple facilities. In regard to the four bread products the FDA said falsely listed sesame and nuts as ingredients, the baker says some of its bakeries do use the allergens in the breads. Others do not. 

The letter goes on to suggest that uniformly labeling such products for sesame “protects sesame-allergic consumers” from reaction risks. 

Bimbo Bakeries’ Sesame Label Stance

The company’s letter focuses on consistency for customers who buy the products at different locations throughout the U.S. to defend its allergen labeling practices. “We think it very important that sesame allergic consumers … see consistent labeling of sesame so they can avoid these products where they truly contain sesame,” the letter states.

Bimbo Bakeries also explains the rationale for “added sesame”. Because certain loaves in some facilities are produced on lines where there’s a risk of sesame cross-contact, it decided to add sesame to those products, the letter states.

The decision to add the allergen followed sesame becoming the ninth major U.S. allergen in January 2023. The manufacturer’s letter states that, despite efforts to control cross-contact with sesame in certain facilities, it was not feasible. 

The American Bakers’ Association first defended the practice of adding sesame to baked goods in May 2023. It cited particularly the challenges in eliminating sesame seeds on baking equipment. 

However, Sarah Sorscher, CSPI’s Director of Regulatory Affairs, says adding an allergen is not the solution to regulatory compliance. “It’s a perverse response to food safety rules,” she says. “You add an ingredient that could trigger a harmful food allergy reaction, slap a label on it, and say you’ve solved the problem. Then you label even those versions that contain no sesame as containing it.”

“We call on Bimbo Bakeries and other manufacturers to find a better approach for addressing cross-contact risks,” Sorscher says. 

FDA on Allergen Labeling Violations

The FDA’s warning letter states that it found “serious violations” of federal food allergen labeling requirements. The findings followed FDA inspections at two Bimbo Bakeries manufacturing facilities and a review of product labels.

The warning letter says sesame is incorrectly listed in the ingredients and “contains” statements of Sara Lee Artesano Brioche, Delightful Multigrain, Artesano Golden Wheat, and Artesano Smooth Multigrain ready-to-eat breads.

In addition, the ingredients and “contains” statements of Brownberry brand Whole Grains 12 Grains Seeds say that loaf has nuts. Bimbo states in its response letter that it has corrected the labels to say they only contain hazelnut. Previously, walnuts and almonds had also been listed.

The federal Food Drug & Cosmetic Act explains that ingredients that are major food allergens must be listed in the ingredients and, optionally, in an adjacent ‘contains’ statement. The FDA also released draft guidance for manufacturers on how to prevent cross-contact and accurately label foods for top allergens. 

The draft guidance says advisory labels to declare allergen cross-contact risk should only be used after every effort is made to prevent cross-contact.

CSPI and FARE say Bimbo Bakeries is wrong to continue using “may contain” labels for the products that are not produced in a facility with sesame.

Bimbo Bakeries on ‘Consumer Confusion’

Bimbo Bakeries says in its response letter that it is important to have “nationally uniform” allergen labels. The company, with headquarters in Horsham, Pennsylvania, says it is the largest commercial baking company in the United States. Its brands include Sara Lee, Entenmann’s, Thomas’ and Ball Park Buns & Rolls.

The package labels on the products in question include the sesame allergen warning regardless of whether the products contain the allergen or were made in the facilities with sesame.

If the company had “different ingredient lists and allergen statements for the same product, it would create confusion among sesame-allergic consumers,” the response letter states.

But CSPI and FARE are encouraging the manufacturer to find another way so all of their product labels have accurate allergen information.

“We hope that Bimbo Bakeries and the brands that it manufactures learn this lesson and change their behavior. The community is watching,” FARE’s Poblete says.

Related Reading: 
CSPI and FARE statement on Bimbo Bakeries and Sesame
Progress on Allergen Labeling for Alcohol
Olive Garden Hailed for Switch to Sesame-Free Breadsticks