Date of Award

12-16-2024

Document Type

Dissertation

Degree Name

Doctor of Juridical Science (SJD)

Abstract

This dissertation examines food allergy labeling’s use in a digital format. Allergy information is typically found on food packaging and containers to help consumers identify individually concerned allergens. Given the critical role that food allergy labels play in preventing unexpected allergic reactions before selecting or consuming food, it is essential to comprehend the labeling descriptions. However, current regulations and laws regarding allergy labeling often confuse consumers due to the existence of mandatory and voluntary Precautionary Allergy Labeling (PAL) categories and the absence of laws and regulations that require allergy information for restaurant meals. Technology companies have introduced digital health and wellness applications(apps) indicating allergens to the market in response to ongoing consumer demands. These apps allow users to access information about contained allergens instantly. Digital allergy apps come in various formats.

Considering consumers’ popular use of digital health and wellness apps to get allergen information, this research investigates 1) whether these digital apps adhere to existing allergy labeling laws and regulations, 2) whether globally available digital apps follow internationally discussed or U.S. standards; and 3) whether digital apps safeguard consumer privacy when sharing personal health information as a personal setting condition of logging in to the apps and obtaining immediate allergy details through a mobile platform. First, reviewing current laws and regulations analyzed the standards, laws, and regulations of the U.S. Food and Drug Administration (FDA), EU legislation, and other countries for mandatory and voluntary allergy labeling and its application to pre-packed food and restaurant food. Second, privacy protections in digital apps review the privacy protection regulations of the U.S. FDA, The Health Insurance Portability and Accountability Act of 1996 (HIPAA), HIPAA-Federal Trade Commission(FTC) Acts, EU privacy laws and regulations, and other U.S. state laws. Third, this study further reviews the presently used mobile apps by analyzing allergy labeling laws, regulations, and privacy protection laws.

Consequently, apps available in the U.S. market were observed to comply with the mandatory allergen labeling requirements set by the U.S. FDA while also including additional allergens at the discretion of the app developers. In terms of privacy protection, most food allergy apps implement general privacy law requirements but need to be considered by lawmakers to set up guidelines to safeguard against sharing health-related information for using digital health and wellness apps.

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