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Cardozo Law Review

Abstract

Reading food, drug, and cosmetic labels is a frequent practice for all individuals with allergies. However, unlike those who are allergic to peanuts, dairy, or another major food allergen, individuals with celiac disease (“celiac consumers”) are not offered a bold, capitalized statement clearly identifying the allergen they seek to avoid. Instead, celiac consumers are tasked with studying a list of ingredients and relying on their own ability to catch any sources of gluten. This Note considers the authority provided by Congress to the Federal Food and Drug Administration (FDA) to remedy this rash regime. Then, this Note proposes that the FDA adopt a regulation that shifts the burden from celiac consumers to manufacturers to identify and communicate the presence of gluten in food, drugs, and cosmetics.

Disciplines

Consumer Protection Law | Food and Drug Law | Law

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