More than a third of foods labelled vegan contained animal products, research has found, prompting experts to warn shoppers with severe allergies they face potentially “tragic consequences”.
Forensic scientists found traces of egg or milk in an array of goods that were labelled as vegan or plant-based, with trading standards bosses calling for legal protection to stop consumers being “exploited by unethical food businesses”.
Inspectors from Hampshire and Kent Scientific Services found 24 (39%) out of 61 products marked as vegan contained egg or dairy, including 13 dairy alternatives and 48 meat alternatives. In total, 90% were found to be unsatisfactory – meaning they failed for traces of dairy or inaccuracies in their labelling and nutritional information.
The items analysed included vegan equivalents of chocolate truffles, pizza, burgers, muffins and wraps.
John Herriman, the chief executive of the Chartered Trading Standards Institute (CTSI), said: “The lack of legal definition could be exploited by unethical food businesses claiming foods are as vegan, when in fact they contain animal-derived products.
“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.”
Recent polling has discovered the widespread belief that something marketed as vegan is free from animal-derived ingredients. The CTSI surveyed 2,000 people, finding that 76% believed this to be so.
But there is currently no legal definition for vegan food, allowing firms to market their products as being so even if they contain dairy or egg. And there is no threshold requirement for animal-derived products in the UK or the EU, unlike the prerequisite for trace amounts of gluten.
According to the CTSI report about 1.5% of the population is vegan and one in six people suffer from foodallergies. CTSI’s polling shows that among respondents with an allergy to milk, 84.6% believe vegan foods are safe for them to eat. This belief was the highest (92.7%) among 35-44-year-olds.
In 2017, Celia Marsh died after eating a wrap from Pret a Manger that was labelled vegan but due to cross-contamination during the manufacturing process contained milk protein. Comments made by coroner Maria Voisin in 2022, who called for a system of checks to ensure food is correctly labelled “free from” and “vegan” shone a spotlight on the devastating consequences of undeclared allergens.
CTSI is calling for any food manufacturer or restaurant flouting any new rules to be held accountable if an extreme reaction is suffered.
Kerry Nicol, the policy and campaigns executive at the CTSI, said plant-based and vegan diets had soared in popularity. It has also seen a “rise in complaints and incidents where consumers feel they have been misled”.
She added: “There has also been an increase in those with animal-derived allergies choosing foods marked vegan thinking they are safe for them to eat, only to suffer an allergic reaction.”
Most of the products examined by scientists were labelled as vegan, although some were described as plant-based. The plant-based trend does not necessarily eliminate animal products from a person’s diet, but instead has people focus on eating mostly fruits, vegetables and nuts.
Half of people surveyed by CTSI thought plant-based and vegan meant the same thing, exposing those with allergies to be misled into thinking they are safe.
Maisie Stedman, from the Vegan Society, said she hoped “the legal requirements around food labelling improve going forward”.
She added: “If the labelling is misleading, the consumer can complain to the trading standards, who would usually take the definitions of the Vegetarian Society and the Vegan Society and look to see if it meets those standards. If misleading advertising caused a consumer to purchase something they otherwise wouldn’t have, they can contact the Citizens Advice Bureau who will look at this in terms of consumer rights law.
“Misleading labelling can cause emotional stress for those who choose to avoid animal products for ethical reasons, as well as posing a threat to those with intolerances and allergies.”
Of the 55 unsatisfactory samples, 27 (49%) were related to labelling anomalies, including portion size and information about allergens, including no warnings. Of the remaining samples, 39 nutrition inaccuracies were identified – which was on average at least one per sample. The highest of these related to carbohydrate that was deemed to be inaccurate in 14 cases.
Food labelling rules contain a list of 14 substances or products that may cause food allergies or intolerances. When any of these are used as ingredients in pre-packed or food packed at the premises for sale, such as a bakery sandwich, their presence must be emphasised in the ingredient list so they clearly stand out from the other ingredients, such as putting them in bold.
However, this was not always the case in the products analysed. Consumers are being told to look out for ingredients on products marked as plant-based or vegan, including: casein, a milk protein; lactose, a sugar found in milk; and whey, a milk byproduct. They should also watch out for collagen, which is from the skin and bones of animals, and lard or tallow, which is animal fat.
A spokesperson for the Department for Environment, Food and Rural Affairs said: “Food labels must not be misleading to ensure consumers can have confidence in the food they are buying – which is why we require the presence of ingredients which may cause food allergies to be clearly highlighted on packaging.
• This article was amended on 10 July 2023 to clarify that one in six people suffer from food allergies according to the CTSI. An earlier version gave that figure in relation to milk or shellfish allergies. And lactose is a sugar found in milk, rather than “a milk and sugar protein”.
