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Bakery, FDA Clash Over Bread Labels: Feds Lock Up French Meadow's Spelt Loaves, Saying 'Wheat-Free' Tag a Danger to Public

Posted on: Wednesday, 11 January 2006, 18:00 CST

By Beth Silver, Pioneer Press, St. Paul, Minn.

Jan. 11--Federal agents put about 5,000 cases of bread from a popular Minneapolis bakery under lock and key Tuesday, accusing the company of endangering consumers by mislabeling products that contain wheat as being "wheat-free."

French Meadow Bakery breads made with spelt, a type of wheat, can harm people with allergies to wheat, U.S. Attorney Tom Heffelfinger said.

Federal officials have received reports of the bakery's bread harming consumers, but Heffelfinger declined to say how many people have complained or describe the severity of their health problems.

"Mislabeling actually creates a serious health risk in a significant percentage of the population," Heffelfinger said.

One of the bakery's owners said the federal action stemmed from an industry-wide debate over labeling regulations.

"We're certainly one of the best-known organic bakers and if you want to send a message, I guess people will notice when French Meadow is involved," said co-owner Steven Shapiro.

Authorities armed with warrants Tuesday raided the company's main office on Lyndale Avenue near Uptown in Minneapolis and Clover Super Foods in Northeast Minneapolis, where the bread is stored. The bread will remain sealed and frozen until the matter is settled.

The agents slapped "do not sell" and "do not use" stickers on the bread bags, Shapiro said. But already the company is printing temporary labels that say "spelt (wheat)" that he said will comply with new federal regulations. The freshly labeled bread, about 25,000 to 30,000 loaves, will be ready to sell in a couple of days, he said.

Shapiro said the bakery has sold millions of loaves of bread that contain spelt since it started baking it in 1991 and has heard of only one complaint, which federal authorities have not yet revealed.

Wheat allergies are common, especially in children, and can be life-threatening, according to the U.S. Food and Drug Administration.

Tuesday's action brought a national issue to the local level. The FDA has been pressing food makers large and small to clearly identify potential allergens on their product labels. On Jan. 1, a new law took effect requiring firms to use common words -- such as milk, eggs, wheat and peanuts -- instead of lesser-known terms -- such as whey, albumin, spelt or nougat.

The FDA warned French Meadow last April to re-label its loaves, but the company stuck with its original wheat-free wording, according to a complaint for forfeiture filed in U.S. District Court in Minneapolis.

The company balked at re-labeling the bread when the FDA issued its first warning last year because it didn't believe the bread posed a health threat, Shapiro said. With Tuesday's action, the company had no choice but to comply, he said.

Among the French Meadow products that federal agents tagged were HealthSeed Spelt Bread, Spelt Bread, White Spelt Bread, Cinnamon Raisin Spelt Bread, Spelt Bread with Wild Rice, 100% Kamut Bread, Spelt Pizza Crusts, Spelt Bagels and Spelt Garlic Texas Toast.

None of the bread already on shelves in food stores across the country was recalled, Heffelfinger said. By the time a recall could be issued, the bread likely would have already exhausted its shelf life, he said.

The company's Web site boasts "the most pure, organic and artfully crafted yeast-free breads that cater to our customers' special dietary needs, allergies and concerns for the healthiest foods for their bodies." Bon Appetit Magazine once named the French Meadow one of America's Top 10 bread bakeries.

French Meadow has 20 days to respond to the federal government. Ultimately, Heffelfinger said, the FDA wants the frozen bread destroyed.

"The whole concept of accurate labeling is that customers rely upon those labels. They rely upon them for religious and social reasons when they want to avoid certain ingredients. But most importantly here, they also rely on those labels when knowing what's in your food is important for your own health," Heffelfinger said.

French Meadow faced federal action once before. Three years ago, it was among 100 businesses the federal Drug Enforcement Administration attempted to bar from selling breads that contained hemp. A federal appeals court eventually struck down the DEA's action in 2004.

Beth Silver can be reached at bsilver@pioneerpress.com or 612-338-6516.

Watching out for allergens

People with allergies to certain foods should read labels carefully. Here are some lesser-known terms that could indicate the presence of common allergens.

Milk: Lactoglobulin, lactalbumin, lactalbumin phosphate, rennet casein, whey, ghee

Eggs: Albumin, lysozyme, meringue

Wheat: Kamut (relative of wheat), durum, farina, spelt, vital gluten, seitan, bulgur, semolina

Peanuts and peanut protein: Chili, egg rolls, marzipan, nougat

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Copyright (c) 2006, Pioneer Press, St. Paul, Minn.

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Source: Saint Paul Pioneer Press (St. Paul, Minn.)

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