Yum Yum Gum not peanut / tree nut safe

[bleh]

http://yumyumgum.com/FAQ-s.html#16

I am not sure if anyone has ordered from them but just in case they have updated their allergy info. Originally their allergy info only said soybean oil. My wife emailed them about their allergy info due to the nut flavored gum and they replied back with:

"I'm so sorry to inform you that after following up with the manufacturer of our peanut butter flavoring they have informed us that it is made with artificial and natural peanut butter flavoring so it DOES contain tree nut allergen. So sorry for the misinformation."

It looks like they also updated their allergy info which is good. They're fairly new but it's still kind of scary that they didn't already know this info before they started to sell their gum.

What is the allergy information?
Yum Yum Gum contains soybean oil and may contain tree nut allergens in nut specific flavors (for example: peanut butter, macadamia, pistachio, etc). For more information visit www.foodallergy.org


EDIT: My wife forwarded me the email chain and their first reply really stood out...
"The flavorings we use come from many different manufacturers.  Each of our manufacturers has told us that due to the way flavorings are made, they contain no allergens.  Our flavoring components for the peanut butter are both artificial and natural.  Our gum does contain soy though."

[rebekahc]

I'm so sorry to inform you that after following up with the manufacturer of our peanut butter flavoring they have informed us that it is made with artificial and natural peanut butter flavoring so it DOES contain tree nut allergen. So sorry for the misinformation.

Their response is doubly worrisome since peanut does not equal tree nut.  Someone only allergic to peanut could think this product was safe.

[CMdeux]

... which is possible, actually-- since it specifically states "natural flavor" not "natural peanut/treenut-derived flavor"

Recall "natural flavor" in some almond flavorings isn't NUT flavoring, it's from apricot seeds or some such thing instead.

But with that series of missteps in getting you even partial info, I wouldn't trust them to actually be competent to find the true, accurate info on the subject-- not even with two hands and a flashlight.     So to speak.

[Yum Yum Gum]

My name is Keith Saffles.  I am one of the owners of Yum Yum Gum and just wanted to follow up with the original post and your concerns.  I am sorry for the confusion with the allergy info. 
Since we make gum in over 100 flavors, we have 7 different flavoring manufacturers we work with.  Each one has told us that their flavoring were allergen free due to the method they process the flavoring.  It has something do do with removing the protein in the flavoring.  I am not a chemist by any means, and honestly, found it hard to believe... it always made me nervous.  Because of this, I have asked multiple times about allergens, and always was told "no"... even in writing.  At a certain point, we must believe our manufacturers.
After the original poster email us about buying peanut butter gum for their child who was allergic to peanut butter, I passed on the information that I have always been given by our manufacturers... but once again I had to double check, As the last thing I would want is an allergic reaction in anyone.  We were told "no" once again, but this time, one of their chemist called us back a short time later that day and actually said "yes" to the allergen.  That is were the mixed responses came from.
As the owner, I am so sorry for the confusion.  I take the allergen information very seriously, as my father was highly allergic to many things... peanuts, tree nuts, shellfish, soy.  I know what a difficult time it can be for someone with allergies.  Also, as a former paramedic, I have seen the life threatening effects from mistakes made.
Once again, I am sorry for the confusion, as well as mixing the terms peanuts and tree nuts.  If you have any recommendations as to how we can present our information better, please email me personally.
Thanks.

[CMdeux]

Keith, thank you VERY much for the clarification.

I understand completely where the missed communication originated-- while technically a process that involves an extraction of "volatile flavor/scent components" of a natural feedstock should not also extract proteins (which is the allergen), no process is perfect at this partitioning step.

Ergo people like your chemist (and me-- also a chemist) would never call something like that "completely free of protein" when someone's life is on the line, a good many food scientists/conscientious QC managers would.

I'm sorry that you've gotten mixed signals like that from your suppliers, too.

Can I recommend that a statement like;

While our suppliers have assured us that their flavorings do not contain ______, _______, or ________; in the interest of providing complete information for our customers, we want to share that some flavorings are derived from natural sources which do contain those allergens.

That way consumers with very low reaction thresholds would know to steer clear, but other allergic consumers would understand that this is probably about as safe as hot-processed OILS made from allergen-containing feedstocks.  That is, they are probably safe for 95% + of allergic consumers.

[LinksEtc]

I'm not an expert or lawyer, but you may want to look into whether you are required by law (FALCPA) to list the allergen(s) in the ingredient statement or the "Contains" statement.  If the flavor contains protein and is not a highly refined oil and is not approved as free of protein by FDA under the exemption process, you may run into issues.

I do think explaining more fully on your website the situation would be highly appreciated by allergic consumers who then would have the information they need to make an informed decision (could talk about it with their allergist) about your products.  One of the most frustrating things is when manufacturers won't share allergen information about their products. I always appreciate when manufacturers are willing to share allergen info with me.

Here are a few resources:

------------------------- 

http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Allergens/ucm059116.htm

What is a "major food allergen?"

Under FALCPA, a "major food allergen" is an ingredient that is one of the following five foods or from one of the following three food groups or is an ingredient that contains protein derived from one of the following:

milk
egg
fish
Crustacean shellfish
tree nuts
wheat
peanuts
soybeans

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http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Allergens/ucm106187.htm

``(2) A food ingredient that contains protein derived from a food specified in paragraph (1), except the following:
``(A) Any highly refined oil derived from a food specified in paragraph (1) and any ingredient derived from such highly refined oil.
``(B) A food ingredient that is exempt under paragraph (6) or (7) of section 403(w).''.

-------------------------

"Inventory of Notifications Received under 21 U.S.C. 343(w)(7) for Exemptions from Food Allergen Labeling"
http://www.fda.gov/Food/GuidanceRegulation/GuidanceDocumentsRegulatoryInformation/Allergens/ucm076656.htm#

FALCPA requires that an ingredient (including a flavor, color, or incidental additive) that is a “major food allergen,” as defined by 21 U.S.C. 321(qq), be more explicitly identified on the food label. Under FALCPA, a "major food allergen" is one of eight foods or food groups (milk, eggs, fish, Crustacean shellfish, tree nuts, wheat, peanuts, and soybeans) or an ingredient that contains protein derived from one of the eight. 21 U.S.C. 321(qq). "Major food allergen" does not include a highly refined oil derived from one of the eight foods or food groups or any ingredient derived from such an oil, as well as any ingredient exempt under a statutory exemption process.

FALCPA establishes a process under 21 U.S.C. 343(w)(7) by which any person may file a notification containing scientific evidence demonstrating that an ingredient “does not contain allergenic protein.” The scientific evidence must include the analytical method used and the ingredient must be derived by the specified method. FDA has 90 days to object to a notification. Absent an objection, the food ingredient is exempt from FALCPA's labeling requirements for major food allergens.

[twinturbo]

WOW. Now that's transparency from a manufacturer/owner.