• On August 17, 2026, an individual consumer submitted a citizen petition to the U.S. Food and Drug Administration (FDA) requesting that the agency designate pea protein, including pea protein isolate, pea protein concentrate, and pea flour, as a major food allergen requiring mandatory disclosure in allergen labeling.
  • The petition asks FDA to exercise its authority under section 403(w)(7) of the Federal Food, Drug, and Cosmetic Act to require manufacturers to identify pea protein through clear “Contains” allergen statements on packaged foods. Currently, pea protein is not among the allergens subject to the mandatory labeling requirements established under the Food Allergen Labeling and Consumer Protection Act (FALCPA) and the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act. Those laws currently require labeling for milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, soybeans, and sesame.
  • According to the petition, the increasing use of pea protein in plant-based food products has created challenges for some consumers with pea allergies and other legume sensitivities. The petitioner cites recent product reformulations in which pea protein was introduced into products that had previously relied on soy protein or contained no concentrated pea ingredients. The petition describes examples involving plant-based butter substitutes and vegan mayonnaise products and argues that consumers may not anticipate the presence of pea protein in foods that were previously considered safe.
  • The petitioner further contends that pea protein has become more common in a wide range of foods, including plant-based dairy alternatives, baked goods, and other packaged products. The petition points to reports of IgE-mediated allergic reactions associated with peas and argues that mandatory allergen labeling would help consumers more readily identify products containing pea-derived ingredients.
  • FDA acknowledged receipt of the petition in a letter dated August 26, 2026. As is customary, the agency stated that acceptance of the petition for filing is a procedural matter and does not reflect any determination regarding the substantive merits of the request. The petition has been assigned Docket No. FDA-2026-P-9901, and interested stakeholders may submit comments to the docket through Regulations.gov.
  • Keller and Heckman will continue to monitor developments related to FDA food allergen labeling requirements and any agency response to the petition.