The FDA considers these products "misbranded" because their labels list ingredients such as sesame or tree nuts even when they aren't present in the foods. This misbranding can potentially harm consumers with food allergies who rely on accurate labeling for their health and safety.
The recent law change that affected allergen labeling in the U.S. is the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act, signed into law on April 23, 2021. This act declared sesame as the 9th major food allergen recognized by the United States, and it will become effective on January 1, 2023.
The FDA issued a warning letter to Bimbo Bakeries USA after inspectors found that the company listed ingredients such as sesame or tree nuts on labels even when they weren't in the foods, which is considered misbranding under FDA regulations1. The FDA warned the company to stop using labels that say its products contain potentially dangerous allergens when they don't, and reminded them that food labels must be truthful and not misleading2.