I love Aldi. They sell many gluten free, money saving, products. However, I remembered a notice on the Gluten Free Watchdog Facebook page about a bratwurst they sell. They label these sausages as “gluten free.” However, they also list “beer” as an ingredient.

Now, in the United States, the FDA denies a gluten free label to anything that contains malt as an ingredient. Unless made from 100% gluten free grains, most beers in the world do not meet that criteria. However, this product falls under the jurisdiction of the USDA, not the FDA. Why? Because it contains meat. Therefore, I contacted Tricia Thompson a.k.a Gluten Free Watchdog on what to do.

She directed me to this article on her website, that outlines the steps on reporting a misbranded gluten free product to the USDA.

At the time I spotted this, our country found itself in the midst of a government shutdown. Therefore, many USDA employees lacked a job, or the income which which to perform it. I called the phone number she listed, but an automated reply stated the service was not available. Therefore, I turned to the power of the internet, and contacted the various parties involved with my facial misbranding concerns.

How to Report a Concern to Aldi, Online

I used Aldi’s online contact form to report my facial misbranding concern, first. If at all possible, I attempt to connect with the immediate business. I have done so in the past with success. Often, it accomplishes things quickly. I used their online comment system, filling out my complete concerns, and uploading the pictures I took. It took me less than 10 minutes to do. They impressed me by calling my back the same day! They listened to my concerns, gave me a claim number, and told me the supplier would get in touch with my. (To date, they have not.)

Reporting Facial Misbranding, Online, to the USDA

I used the online USDA reporting system Gluten Free Watchdog told me about. Like the Aldi system, I found it easy AND QUICK to use. It only took my information, and did not allow me to upload pictures. Surprisingly, the USDA promptly emailed me and asked me for more information. They requested a list of information, and I took time to address each one. Below is the bulk of the email I sent them, about the facial misbranding of the Aldi sausages.

“My concern about the misbranding / mislabeling is that while this item is marked “gluten free” by Aldi, it contains beer. While I know that the FDA definition of “gluten free” is not necessarily also delegated by the USDA, it is my understanding that the USDA feels that meat and poultry producers should follow this law. Per FDA regulations, nothing can be declared gluten free if malt is an ingredient, even if that product tests to under 20 ppm. Being that Aldi prices are relatively cheap, I am highly doubting that these Aldi Beer Bratwurst are made with beer that originated from non-gluten grains. Also, these sausages are imported from Germany, and did not originate in the United States. This gets trickier, because Europe’s definition of “gluten free beer” is different than the US. The US does not allow “gluten removed” beers to be labeled as gluten free, where as Europe does. Also, Germany is now making beer with an altered form of barley called “Kebari” that I don’t think is approved for US consumption. It may be possible that the beer in these brats is made with that.

No Establishment Number?

The USDA asked for the establishment number (inspection number) for the sausages. However, Aldi imports these sausages from Germany. They are not inspected in the United States. Foreign products sometimes utilize a different numbering system. After a minute or two of online research, I discovered that the “EV-717” Vet. Control No traced back to a plant in Germany. This number specifically relates to the plant where HoWe’s sausages were produced.

Interaction with HoWe’s

While neither Aldi nor the USDA directed me to do so, I contacted HoWe. Their website states all their products are gluten and lactose free. Therefore, I emailed them inquiring “What is the grain source of that beer? Is the beer made with only gluten free grains, or does it contain malted barley?” Their first reply simply stated that the ingredients and product test to under 20 ppm of gluten. I replied to their email, asking them to answer my original question. They replied, “We can confirm, that the beer does not contain malted barley.” But what will the USDA say?

Response back from USDA –

Two weeks after submitting my facial misbranding the concern, I received the following response from the USDA

“Dear Margaret,

Thank you very much for the additional information, and for your patience. Upon investigation, we determined that the product is not expected to contain a level of gluten that would pose a risk to public health. However, the company will be required to remove the “gluten free” claim from the label. Please find attached a formal letter regarding the outcome of your case.” (emphasis mine)

It takes a village, friends. The government is understaffed, underfunded, and some manufacturers are uneducated. The USDA & FDA don’t need us to be their enemies. They need us to be their eyes and ears. We need to continuously encourage them to do the right thing. Squeaky wheel gets the grease, right?

If you need to report a packaged food item, that contains gluten AS AN INGREDIENT (not a may contain statement), use this link to contact the FDA. Gluten Free Watchdog also shares what to do whenspot a labeled gluten free food that contains gluten.

The post Facial Misbranding: How To Report It appeared first on MI Gluten Free Gal.

A Very Scary Halloween

Halloween. When you live with a food allergy or food sensitivity, what frightens you more than costumes is candy. Does the candy in question contain your allergen? Did manufacturers produce this sweet on a shared line with an allergen? Does this candy contain undeclared gluten, which is found in wheat, barley, malt, and rye? What recently scares me most is faulty info based on the NIMA gluten sensor.

Halloween was unique for me in 2017. My husband and I drove a 20 foot Uhaul from Michigan to South Dakota, with our car in tow. (Confession – He drove. I “navigated.”) We chose to spend our vacation helping our friends move all their belongings 800+ miles away, due to a new job. No costumes for us. No decorated van passing out safe treats from our Teal Pumpkin Project – inspired stash of goodies. Therefore, I vicariously enjoyed Halloween through social media. From the comfort of the Uhaul (oxymoron?), I perused Instagram.

What is a NIMA Partners Gluten Sensor?

We were somewhere in the plains of Minnesota, between Rochester and Sioux Falls, when I noticed an Instagram post of a 100 Grand candy bar. What’s a 100 Grand Bar? Imagine a Nestle Crunch with a caramel layer inside. The post showed a 100 Grand being tested with a NIMA.

What’s NIMA?  It’s a portable electronic device that tests for gluten in food. How does it do this? In simple terms, you put in a pea-sized amount of the food you want to test in a capsule. The capsule contains a solution and you place the capsule in the triangular device, and it uses testing methods to detect the presence of gluten.

Not Everything You See Online is Accurate

So, what caught my eye was that results on the NIMA. The Instagram post showed a NIMA with a smiley face. This in theory means that the product is safe to eat. The person posting only had the small miniature 100 Grand Bar, but not the larger bag from which it came. While we plodded along I-90, I did a Google search for a 100 Grand Bar.

I was concerned because all the sites I saw (including Amazon)  stated that the bar contained crisped rice, which are made with “rice flour, sugar, BARLEY MALT, and salt.” For those that may not know, barley malt contains gluten. Therefore, the device should NOT have resulted in a “smiley face.”

I wondered “Did Nestle change their recipe?” My husband, who is completely a saint, agreed to pull off the freeway in Fairmont, Minnesota and let me stop at a grocery store to check. So I wandered into the store, and asked one of the incredibly helpful staff to help me locate one of these 100 Grand bars. Here’s what I found.

Nestle 100 Grand Bars Contain Barley Malt

Yep, barley malt. So I private messaged the owner of the Instagram account that posted the NIMA result. I shared this information. They updated their comments on their account, their blog post, and ultimately removed the image. (Why remove it? People were solely looking at the image of the “smiley faced NIMA” with the candy in question, and not the warning.)

But the question remained. How did this happen? Like any other technology, there can be limitations of use. Below is how NIMA responded (in 2017) as to how this could happen. (Names of other Twitter users blocked out to protect privacy.)

NIMA Sensors Cannot Test for the Presence of Barley Malt

So, there’s our answer. NIMA does not detect barley malt. So in theory, Kellogg’s Rice Krispies will come back with a smiley face.  This also means something with hydrolyzed wheat, such as soy sauce, could come back as being “safe.” This is something that definitely doesn’t bring a smile to MY face. 

What Other Limitations Do NIMA Testing Devices Have?

After a quick visit to the NIMA Partners website, their “gluten manual” states the following limitations

“NIMA Partners has not been validated on medication, cosmetics or non food items.” Therefore, be wary if you see an Instagram influencer use their NIMA to test medications, whether prescription or over the counter. Other NIMA limitations include:

Other Red Flags

In addition, their manual gives additional advice on how to test foods that are thick/ dense, dry/ powdery, and brightly colored. Foods in these categories may return inaccurate results. “Bright foods can interfere with the sensor’s ability to read the result. These foods should also be mixed with water to dilute the coloring.” This includes red foods, such as pizza sauce or marinara. 

Three Things to Remember

1. Ingredient Lists Aren’t Required on Mini Candy Bars

Here’s where the Instagram account that posted the original picture faltered. That person ONLY had one of the 100 Grand miniature candy bars. He / she did not have the larger bag from whence it came, nor did the mini candy bar have a complete ingredient list.

Mini bars, especially those passed out on holidays such has Halloween, do not always have a complete list of ingredients on the wrapper. If you question a food item, and the ingredients are not on the packaging, try to look it up online. ALSO – make sure to read comments on posts as well. Pictures and ratings can be deceptive.

2. Barley & Rye are Not Allergens Under FALCPA

The person who originally posted the image went by the “allergen warning” on the wrapper. The wrapper did not list barley as a potential allergen. Here’s the thing though. It doesn’t have to. Barley, as well as rye, are not one of the Top 9 allergens that must be declared under the FALCPA guidelines. (FALCPA = Food Allergen Labeling and Consumer Protection Act) The Top 9 include wheat, fish, shellfish, eggs, dairy, peanuts, tree nuts, soy and sesame. The person that originally posted the 100 Grand bar on Instagram relied on the fact that the allergen warning did NOT list wheat. They falsely concluded it therefore must be free of gluten. 

3. You are Smarter Than Technology

NIMA is a tool one can use to help make decisions about what we eat. However, it is nothing more than that. NIMA is not without its limitations. Results can have errors because a sample is too small, too large, or even because it is red. From above we can see that it can declare a food as “safe” when it is not. Cases have also shown that products can result in an “frown” even when a product is actually gluten-free. Read my thoughts on a restaurant study performed via NIMA testing, for more info. 

My Final Thoughts About the NIMA Partners Gluten Sensor

So here is where I voice my opinion. NIMA has become a controversial issue in the Celiac Disease community.  I try not to share my own opinion about the NIMA too often. Instead I attempt to share facts of how how it performs, and allow you to make your own educated decision. However, based on that evidence, I am not a fan of the device. I fear it leads to more anxiety about eating gluten free, not less. 

Safe Gluten Free Halloween Candy

Many sites exist that offer gluten free Halloween Candy lists. A few examples include- 

• Celiac Mama’s Gluten Free Halloween Candy List (updated Sept 2022)
• GF Jules Gluten Free Halloween Candy List
• Beyond Celiac Gluten Free Halloween Candy List

Do you own a NIMA? What do test with it? What holiday candies do you trust to be gluten-free?

The post NIMA Gluten Sensor and a Grand Halloween Mistake appeared first on MI Gluten Free Gal.