“Lack of legal definition for vegan food could cost lives,” warns CTSI

10 Jul 2023 --- The Chartered Trading Standards Institute (CTSI) has published a new report outlining that the lack of legal definitions for vegan food potentially puts people with allergies at risk and causes confusion for consumers and businesses alike.

In the report called “Vegan and Plant-based Food,” CTSI states that there is currently no legal definition of whether food sold as vegan or plant-based can contain ingredients such as milk or other animal-derived products, leaving vegans and allergy sufferers uninformed about what is legally allowed in their food.

Speaking to Food Ingredients First, Kerry Nicol, policy executive at the CTSI, says lead officers for food at the institute raised their concerns about the lack of legal definitions, following that CTSI met with stakeholders and industry experts to learn more about the issues raised. 

“After gathering the evidence, it became very clear that a lack of legal definition for vegan and plant-based food is putting consumers that suffer from allergies at risk.”

“Our report highlights the risks of eating vegan and plant-based food if you suffer from allergies to ingredients like milk and eggs; we urge consumers to take caution when eating vegan-labeled food,” she explains. 

“We call for three things in the CTSI report, the first being a legal definition of vegan food. This would include legal thresholds for what constitutes animal-free food. Secondly, we are calling for an education campaign to raise awareness of what to look for on a label and lastly, further stakeholder engagement to explore the steps needed to produce updated guidance to be in line with international counterparts.”

76.4% of consumers incorrectly believe that food products labeled as vegan do not contain any animal products, even in very small amounts.From talking to industry, Nicol highlights that it has “become clear that they want to get this right, they understand the risks to consumers in terms of allergies, and a legal definition would give them a set of rules to work toward.”

Meat-free guidance 
With around one in 20 (4.5%) of the UK population following a meat-free diet, CTSI warns that it is now “more important than ever” that consumers can be confident when adopting a vegan diet that all the ingredients listed are actually vegan. It warns that it is necessary they can be assured that foods labeled as vegan do not contain animal-derived products. 

CTSI’s public polling has found that more than three-quarters of consumers (76.4%) incorrectly believe that food products labeled as vegan do not contain any animal products, even in very small amounts. 

However, because there is currently no legal definition of vegan food, there is nothing to prevent trace amounts of animal-derived products from appearing in food sold as suitable for a vegan diet.

This can be a particular issue for people with allergies to animal-based products such as lactose. Milk and eggs are two particular ingredients that can cause severe reactions in allergy sufferers.

Sampling data supplied by Hampshire and Kent Scientific Services showed several products labeled as “vegan” or “plant-based” contained milk or eggs, meaning many people following a vegan diet are likely to have unknowingly eaten products derived from an animal.

Fatalities underscored 
The death of Celia Marsha in 2017 and comments made by coroner Maria Voisin in her subsequent report highlighted the devastating consequences of undeclared allergens. 

Marsh suffered a fatal anaphylactic shock after eating a wrap from Pret A Manger labeled “vegan” that contained milk protein due to cross-contamination during manufacturing.

In 2018, 15-year-old Natasha Ednan-Laperouse died after eating a baguette containing undeclared sesame seeds. 

Since then, Ednan-Laperouse’s family helped to bring the UK’s first food allergen labeling policy, Natasha’s Law, into effect. This regulation came into play to help people suffering from food allergies, intolerances and coeliac disease make safer choices when buying food.

Clarity needed 
Meanwhile, CTSI is calling for a new legal definition of vegan food to be created to ensure the rules are clear and that any food manufacturer or restaurant flouting these rules can be held accountable. 

This would clarify for those with allergies, such as milk or eggs, whether or not food labeled vegan is safe to eat.

Chief executive of CTSI, John Herriman, says: “Our research reveals that many consumers mistakenly believe that when something is described as vegan or plant-based, it doesn’t contain any animal products. However, nothing in the law currently requires this to be true.

As well as confusing consumers and businesses, Herriman stresses that the lack of legal definition could be exploited by unethical food businesses claiming foods are vegan when they contain animal-derived products.CTSI says that it is “more important than ever” that consumers can be confident if they adopt a vegan diet.

“Perhaps of greater concern is that this ambiguity can have disastrous and sometimes tragic consequences for those with allergies to animal-derived products, like milk and eggs. We are aware that people have sadly lost their lives because of this and are therefore calling for more clarity on what can and can’t legally be described as vegan and plant-based food,” he explains.

CTSI lead officer for Food and Nutrition, David Pickering, adds: “As more consumers choose to eat food with no animal-derived ingredients it is important to establish what, as a society, we want that to mean.”

“This research has evidenced that consumers think that food described as suitable for a vegan diet means it will be free of animal-derived ingredients. CTSI asks that this is reflected in the legal framework for selling food so that consumers can make informed choices and food businesses have clarity about what the phrase means.”

Demand for foods sold or promoted as “vegan” or “plant-based” has soared in recent years. In line with this, there has been a rise in complaints and incidents where consumers feel such terms have misled them for numerous reasons. 

The trading standard organization also remarks that there has been an increase in those with animal-derived allergies choosing foods marked “vegan,” thinking they are safe to eat, only to suffer an allergic reaction. 

This shows a real need for a legal definition to give consumers and businesses the necessary clarity.

By Elizabeth Green