My Letter to Zagat: Gluten-Removed is NOT Gluten-Free

Dear Zagat,

Thank you for featuring gluten-free cuisine on your YouTube channel. I appreciate you taking the time to interview the chefs of The Curious Fork and Senza Gluten. These people are making a huge difference in the lives of people living with celiac disease, myself included. To be a celiac and go into a restaurant and be able to eat anything and everything on a menu is a wonderful feeling. I have personally dined at Senza Gluten many times and love the "freedom" I have when ordering.

Unfortunately, your video immediately lost credibility when you featured a gluten-removed beer. Many people living with celiac disease, such as myself, cannot tolerate food or drink originally derived from gluten. This beer is made from barley and the gluten is removed through a special process. Once the gluten is removed, the beer is tested by the producer for the parts per million of gluten left in the beer. "Gluten detection isn't a particularly straightforward process, and there are several methods in use that can produce different results when used to test the same product."(Source) While the beer you featured says they are transparent with their test results, they also choose which tests to perform on their product. I believe that until these tests are regulated by the TTB or FDA across ALL products, individual companies will continue to use tests that are most convenient to their 20ppm or less regulations.

My question for you Zagat is why didn't you choose to feature a 100% gluten-free beer derived completely from gluten-free ingredients in a video about gluten-free options getting better? There are many delicious gluten-free beers on the market now that were not even for sale a few years ago. Breweries are now using gluten-free ingredients from start to finish in a dedicated gluten-free environment. I think it was a huge mistake on your part to feature a beer that is not actually gluten-free. The beer in the video can only be labeled gluten-free in the state of Oregon and outside of the United States. Featuring this gluten-removed beer made from barley (a gluten-filled grain) is misleading and confusing to the gluten-free customer.

In a video called "Gluten-Free Gets Good," all of your featured companies or restaurants should have been truly gluten-free. Perhaps a better title for this video would "Gluten-Free Food Gets Good While Some Beers are Gluten-Removed" or something a little bit more reflective of what you are actually showing. Yes, you do let the brewer explain his gluten-removal process but you fail to mention that people are having negative reactions to this type of beer or that it cannot legally be labeled gluten-free.

Zagat, you really could have done better with this video. More thorough research on gluten-free beers, a better title, and less misleading information would have made a huge difference. Maybe next time...

Sincerely,
Erin Smith
Living with celiac disease for 34 years

CSA Responds to Revised TTB Gluten-Free Alcohol Labeling Policy

Yesterday when the Alcohol and Tobacco Tax and Trade Bureau (TTB) released its "Revised Interim Policy on Gluten Content Statements in the Labeling and Advertising of Wine, Distilled Spirits, and Malt Beverages", I immediately reached out the Celiac Sprue Association.

As you may remember, I had some very interesting emails with the CSA staff back in November when they decided to endorse Omission Beer with the CSA Recongition Seal. Omission Beer is a barley-based beer and cannot legally be labeled "gluten-free" as per the TTB policy. I was curious to see if the CSA would stand by their endorsement now that the labeling policy had been revised.

Here is what the Celiac Sprue Association had to say:

Mary is out of the state this week at a conference, and she has asked me to respond to your inquiry.  The February 11, 2014 updated TTB policy on gluten-free labeling, based upon the TTB’s review of the FDA final rule, is basically a restatement of the TTB’s interim policy.  CSA’s certification of Omission beer was based upon the product meeting all of CSA’s Recognition Seal certification requirements, and obviously, the TTB policy has no bearing on the CSA certification process.  It is our understanding that Craft Brew will comply with the requirements of the TTB, as will CSA. Neither label will use the terms “gluten-free”.  Craft Brew will use the statements required by the TTB regarding removal of gluten, and the CSA Recogniton Seal will continue, as in the past, to not use the terms “gluten-free”.  As you know, there is currently no available test to determine any product to be absolutely gluten-free, and even under the FDA final ruling, products allowed to be labeled “gluten-free” may likely contain gluten.  As always, the purpose of CSA Recogntion Seal is to provide consumers with additional information so they can make informed choices on the products they purchase and consume.

Larry Brauer
CSA Special Projects

Based on this email, the CSA will continue to endorse Omission Beer despite the law stating Omission cannot legally be labeled gluten-free. This does not sit well with me and continue to feel that that Celiac Sprue Association doesn't have the celiac community in its best interest.

How do you feel about this revised labeling policy for alcohol and the continued endorsement by the CSA of a gluten-derived beer?

A Week to Remember: Celiac Sprue Association and Omission Beer

It has been quite a crazy week in the celiac community. It all started with a press release from the Celiac Sprue Association recognizing Omission Beer by giving it the CSA Recognition Seal. It continued with my posts and follow-up responses from the CSA which, in my opinion, only made things worse and the community more convinced. And it is ending with me giving a summary of links from this week. I think this story is far from over, but I would like to put my involvement to rest for a while. The Facebook comments are starting to become offensive; the emails of people who are too afraid to comment publicly are becoming combative; and the tweets are obviously showing that I have pissed off a number of people.

I would like to reiterate that my initial post and subsequent posts have been my opinions of why I do not support to endorsement by the CSA and not about me telling you not to drink Omission Beer. Yes, I am sure I lost a few readers and Twitter followers this week but I am fine with that. I did my research, presented both sides of the story, and never once told you not to drink Omission Beer. I was fair from start to end and for that I owe no apologies.

I think the most ironic part of this mess is that I am currently in Portland, Oregon, home to Omission Beer for this entire week. Sigh.

In case you missed it, you can read all of the information following these links:

Confusing Celiac Sprue Association Endorsement of Omission Beer
A Response from the Celiac Sprue Association on Omission Endorsement on 11/19/2013
Additional Statements from Celiac Sprue Association Endorsement of Omission Beer

Some great bloggers also chimed in with their take on this story:

• Is Barley-Based Omission Beer Really 'Risk-Free' for Celiacs? by Jane Anderson
• Gluten in Beer? Little is Clear. (On Omission, "English Beer," The Gluten Summit, and Other Mysteries) by Sprue Story
• Celiac Sprue Association SELLS OUT to Omission Beer by Kirsten Berman, Gluten Free Gal
• Is Omission Beer Really “Risk-Free” for Celiacs?? by Gluten Dude
• Is Omission Beer Gluten-Free Enough for You? by Gluten-Free Traveller
• Celiac Sprue Association Challenges Authority of FDA and TTB, Stating Omission Beer is Gluten-Free by by: Peter Olins, PhD and Gillian Olins, PhD
• Gluten Free Beer Drinkers: Time to Get Educated on Omission Beer by Amy Leger

And with that, I would like to toast the end of this story for the time being...  CHEERS!  

Additional Statements from Celiac Sprue Association Endorsement of Omission Beer

Today, I received two emails from Mary Schluckebier today based on my previous post about my confusion over the the CSA endorsement of Omission Beer.

The first email was in response to my letter to the Celiac Sprue Association Board of Directors. Mary's responses are in red font.

Hello CSA board members

I saw your press release about your endorsement of Omission Beer yesterday followed by an onslaught of Tweets, Facebook posts, and blogs both supporting your endorsement as well as objecting your endorsement. As a lifelong Celiac, I find your endorsement of a product that is derived from gluten very troubling. I have maintained a gluten-free diet since 1981 and the CSA was the very first organization to support my family after my diagnosis. For you to now come out and not only support a product that is made from gluten but to also contradict your very own definitions of gluten is confusing and disappointing. "CSA materials encourage everyone to develop their own definition for gluten-free. For the CSA Recognition Seal there is a definition. When you were diagnosed there was no other management than to eliminated products from the prohibited grains. Now we have DNA and amino acid sequencing of proteins from many varieties of the grains. The celiac toxic fractions of the grain storage proteins are being identified. So now we know it is not the entire grain that must be eliminated.  More  of these products will be coming into the marketplace labeled gluten-free either in the US and already in many other countries."

I have put together a post about your endorsement of Omission Beer as well as evidence that proves why legally this beer cannot be labeled gluten-free by the TTB ("CSA Recognition Seal does not use the term gluten-free; we support the TTB current stance on labeling products using the grains") on my website, Gluten-Free Fun. I encourage you to respond to my post and explain your endorsement to the celiac community that contradicts your own information. I would like to give you a fair opportunity for a public response and with your permission will repost any comments you may have or link back to any statements you make on your own website. ("please check the update date on CSA website pages, we were hacked a couple of weeks ago and some pages reverted to older information. We have caught most but not all old pages.")

The page I continually refer to is the "Defining The Term Gluten Free" page which is linked directly from the CSA homepage. Interestingly, this page has been updated in the hour it took me to put together this post.

I also received this follow-up email also from Mary Schluckebier today.

CSA supports celiac disease management as an exercise in constant risk assessment and personal decision-making. “Risk-free” standing alone in the headline was confusing since CSA Recognition Seal designates the most risk-free choices in the marketplace. Few things in life are risk free.

CSA does not endorse any product. The CSA Recognition Seal does not use the term gluten-free. The CSA Recognition Seal is the highest standard based communication tool currently available to the celiac community.  The licenses must be renewed annually.  All information sent to CSA, from members and non-members, about a product is considered in the annual review. CSA asks the questions and does the digging, you want  us to do. CSA welcomes your feedback  related to any product marketed to the celiac community. (It is still unknown –what part of the prohibited grains sets off the abnormal responses in those with non-celiac gluten sensitivity. So CSA would like comments from you too.) 

The final FDA definition for products labeled gluten-free opened up some options that are likely to be more confusing in the marketplace.  Our random checking of products will likely lead to more ways to communicate the findings.  Tell us what you are including in your food plan?  Members of the Celiac Sprue Association know that CSA encourages meaningful, verifiable  innovation in widening the options of products suitable for the celiac diet. Qualifying for the CSA Recognition Seal for Innovative products has more steps than qualifying for the naturally gluten-free category.  In the process CSA gathers and shares information with governmental agencies, including the TTB, USDA and FDA, education based researchers, innovative industrialists and most important the CSA members.

Mary Schluckebier
Executive Director | Celiac Sprue Association
1941 S 42nd Street | Suite 522 | Omaha, NE 68105
Toll Free 877-CSA-4-CSA (1-877-272-4272)   Ext 1006| Fax: 402-643-4108
Cell 402-672-4892   mary.s@csaceliacs.org    www.csaceliacs.org

I'm sorry to say but I find this response weak. Mary clearly states below that the "CSA does not endorse any product" while their press release says "Celiac Sprue Association Recognizes Omission Beer as Risk-Free for Celiacs." The Google dictionary definition of endorsement is "an act of giving one's public approval or support to someone or something." In addition, I feel that Mary gives a CYA (cover your a$$) statement by saying "Few things in life are risk free." This email doesn't do much for me except for me to reiterate my initial confusion over their "recognition" (ahem) of their "endorsement" (cough) of Omission Beer.

Celiac Sprue Association, you are endorsing, recognizing, publicly supporting, whatever you want to call it Omission Beer with your CSA Recognition Seal and your press release to the world. It doesn't matter what words you use because you are putting your stamp of approval on this product as "risk-free" for Celiacs even though it contradicts your definition of gluten-free, specifically requirement # 4.

I appreciate the Celiac Sprue Association making a statement and allowing me to present this information to my readers, but I still do not support their decision to put the CSA Recognition Seal on this product. I would also like to point out that NEVER once did I tell my readers not to drink Omission Beer. I've received some nasty emails, Facebook comments, and Tweets this past week that told me I cannot tell others what to eat or drink. Throughout the week, I have simply presented the facts and information sent to me from the Celiac Sprue Association as well as highlight public information that is available on their website. As with any product, restaurant review, etc. I put up here on my personal website, it is up to you to make your decisions as someone living with Celiac what goes into your body. Your Celiac is NOT my Celiac and I have never claimed it to be.

A Response from the Celiac Sprue Association on Omission Endorsement on 11/19/2013

This morning, I wrote to the entire executive board of the Celiac Sprue Association in response to their endorsement of Omission Beer. You can read my post with links here with links back to the TTB and FDA labeling rulings.

A few hours later, I received this email response from Mary Schluckebier, the executive director of the CSA, about their endorsement.

Erin, Thank you for the opportunity.  I will get a better statement to you tomorrow.  This is and example of innovation and research working. Over the past year CSA received Omission’s application and  has considered, gathered information and research from outside of the brewery and from Omission. We have worked with the TTB. It was somewhat of a surprise that they would be able to earn the CSA Recognition Seal.  I will have some additional statements for you tomorrow.  When the known barley celiac toxic amino acid sequences of the proteins that were in the beginning ingredients are absent as validated by beginning and ending mass spectrometry that represents a product that has been rendered non-celiac toxic.   Mathematically, this would place the product below 5 ppm.

Mary Schluckebier
Executive Director | Celiac Sprue Association
1941 S 42nd Street | Suite 522 | Omaha, NE 68105
Toll Free 877-CSA-4-CSA (1-877-272-4272)   Ext 1006| Fax: 402-643-4108
Cell 402-672-4892   mary.s@csaceliacs.org    www.csaceliacs.org

Well, this is confusing. Mary admits that it is surprising that Omission earned the CSA Recognition Seal and that they need a stronger statement. I look forward to further statements from the CSA and will post to my readers as soon as I have it.

In addition, Mary also provided me with the following information via an email attachment which I have uploaded for public viewing and/or personal download to Google Drive:

Celiac Sprue Association Qualifies Omission Beer
for the prestigious Celiac Sprue Association Recognition Seal

Q&A

How could Omission Beer, made with malted barley, be certified to bear the CSA Recognition Seal if barley is one of the forbidden grains?
We have very strict standards for earning our Recognition Seal, and Omission beers clearly meet those standards. Omission beers have undergone mass spec analysis which we carefully reviewed and the analysis showed that the protein remaining in the product is free of known celiac toxic fractions. To further validate that the enzymatic process eliminates the celiac toxic fractions, the Competitive ELISA testing methodology is used on each batch which consistently shows no detectable gluten.

Previously CSA would not offer its certification to products made from ingredients that contained gluten. What has changed? Are you weakening your standards?

Our standards remain as stringent as ever. Indeed, they are tougher than the FDA's new guidelines. We are ‘celiacs helping celiacs’ and we take our mission seriously. What's changing is that innovation in processes for making and testing gluten-free products continues to advance and we take advantage of the tools and information as it becomes available. We encourage innovation because it creates opportunities for more risk free choices, and better quality of life for celiacs and those with gluten related disorders.

The FDA and the TTB so far have refused to allow Omission Beer to be labeled as gluten free
because, in their view, sufficient scientific validation does not exist for detecting gluten in fermented beverages. Do you disagree?

We have reviewed every aspect of Omission production and testing processes. We tested the product independently, as we do every product under consideration for our Recognition Seal, and we further examined the mass spectrometry analysis conducted on Omission, which validated the elimination of known toxic amino acid sequences.

In addition, we reviewed documentation of raw ingredient sourcing, allergen control and sanitation plans, training procedures for controlling cross-contamination, and an inspection of packaging materials. Based on our review of all of this information, we are confident in our determination that Omission beers meet our requirements for the CSA Recognition Seal.

What's your view of the future of gluten-free designations?
On behalf of those with celiac disease, we support innovation in product manufacturing processes and gluten detection that help provide more choices. Living a gluten-free lifestyle is challenging, and for those searching for gluten free products, the risk of illness is significant. We applaud companies like the makers of Omission for their leadership and commitment to making great-tasting, quality products for people with gluten related
disorders, and for their role in advancing scientifically sound gluten detection methods, such as mass spectrometry.

About Celiac Sprue Association
The Celiac Sprue Association is a trusted source of information about the gluten-free products consumers rely on and enjoy every day. In keeping with its founding principles, CSA amplifies members’ efforts for good health by encouraging quality nutrition, responsible business practices, scientific research, education, testing and outreach. Public health and food labeling policy solutions continue to develop through a genuine partnership with policymakers and other stakeholders. Contact us through www.csaceliacs.org or celiacs@csaceliacs.org.

---

The CSA also updated their website to include a link explaining the "Interim Policy on Gluten Content Statements in the Labeling and Advertising of Wines, Distilled Spirits, and Malt Beverages"  Based on this link, it looks like you can gain a CSA Recognition Seal even if the FDA and TTB cannot label you gluten-free. Well, isn't that interesting. The LAW says you cannot slap gluten-free on your label, but the oldest Celiac organization in the country says "We approve of Omission Beer, drink up!" No thanks Celiac Sprue Association, even if you are buying!

This story is far from over. I look forward to hearing what else the CSA has to say. They look to be supporting innovation while putting a sensitive community at possible risk of reaction.

I'd like to note that I have gotten a lot of comments and emails today both supporting my post and against my post telling me I am wrong. The intention of my post is to present you the facts as to why Omission cannot legally be labeled gluten-free while giving my opinion about why I think the endorsement by the CSA is poor judgement. Ultimately, it is your personal decision to drink Omission Beer or not. I never once told you not to drink this beer, so please don't email me again and tell me otherwise.  

Confusing Celiac Sprue Association Endorsement of Omission Beer

Yesterday on the Omission Beer Facebook page, I saw this picture announcing Omission Beer is now endorsed by the Celiac Sprue Association (CSA): 

Note to readers: I was linking to a photo on the Omission Facebook page.
It looks like they took their post down! 

There was also a press release that made the newswires directly from the Celiac Sprue Association announcing their endorsement of Omission Beer.

I struggle tremendously with this endorsement. WHY? Omission Beer is made from gluten. PERIOD. 

From the Omission website:

According to federal guidelines, we aren’t legally allowed to claim that Omission beer is gluten-free outside of Oregon because the beer is brewed with malted barley. While the FDA proposed to define the term “gluten-free,” that definition has not been formally adopted by the organization.

Part of the definition proposed in 2007, and again in 2011, states that a product may not be labeled as gluten-free if it contains “an ingredient that is derived from a prohibited grain that has been processed to remove gluten, if the use of that ingredient results in the presence of 20 parts per million (ppm) or more gluten in the food.”

While Omission beer does contain barley, one of the “prohibited grains” in this definition, all batches are tested by an independent lab using the R5 Competitive ELISA to ensure that gluten levels meet our standards.  Although scientific evidence supports the testing, the evidence is not conclusive.  All Omission beer test results can be viewed at: www.omissiontests.com.

If you are going by the information from their own website, Omission Beer isn't allowed to be labeled gluten-free. 

In August 2013, the FDA passed new labeling legislation for gluten-free food that says:

"In addition to limiting the unavoidable presence of gluten to less than 20 ppm, FDA will allow manufacturers to label a food "gluten-free" if the food does not contain any of the following: 

• an ingredient that is any type of wheat, rye, barley, or crossbreeds of these grains 
• an ingredient derived from these grains and that has not been processed to remove gluten 
• an ingredient derived from these grains and that has been processed to remove gluten, if it results in the food containing 20 or more parts per million (ppm) gluten"

This means that technically under the new FDA labeling law Omission can be labeled gluten-free because the ingredient (barley) is processed to remove the gluten to less than 20 parts per million.

BUT... The FDA law does NOT apply to malted beverages and beer is a malted beverage.

According to the FDA website:

"The final rule applies to all FDA-regulated foods, including dietary supplements. The rule excludes those foods whose labeling is regulated by the U.S. Department of Agriculture (USDA) and the Alcohol and Tobacco Tax and Trade Bureau (TTB). Generally, USDA regulates the labeling of meats, poultry, and certain egg products (FDA regulates the labeling of shell eggs). TTB regulates the labeling of most alcoholic beverages, including all distilled spirits, wines that contain 7 percent or more alcohol by volume, and malted beverages that are made with both malted barley and hops."

My next stop was the TTB website. The TTB issued a statement on August 22, 2013 that says:

"We are currently reviewing our policy on gluten content statements in the labeling and
advertising of wines, distilled spirits, and malt beverages in light of the recent U.S. Food and
Drug Administration (FDA) final rule on the use of the term "gluten‐free" for products under
FDA’s labeling jurisdiction.    

While we are reviewing this, we would like to remind industry members that TTB Ruling 2012‐2, Interim Policy on Gluten Content Statements in the Labeling and Advertising of Wines, Distilled Spirits, and Malt Beverages, is still in force for alcohol beverage products that are subject to TTB’s labeling regulations under the Federal Alcohol Administration Act."

The ruling from 2012

"TTB will allow use of the statement “Processed or Treated or Crafted to remove gluten ,” together with a qualifying statement to inform consumers that: (1) the product was made from a grain that contains gluten; (2) there is currently no valid test to verify the gluten content of fermented products; and (3) the finished product may contain gluten. Because the current tests used to measure the gluten content of fermented products have not been scientifically validated, such statements may not include any reference to the level of gluten in the product. TTB believes that the qualifying statement is necessary to avoid misleading consumers about the gluten content of these products because of the serious health consequences associated with the consumption of gluten by individuals with celiac disease."

The very last sentence of this paragraph is what makes the Celiac Sprue Association endorsement of Omission Beer so troubling to me. The TTB, the governing body that can label this beer gluten-free for not, states they do not want consumers with celiac disease to be mislead by malted beverages crafted to remove gluten. As of today, Omission Beer cannot put the words "gluten-free" on their labels yet the oldest national celiac association in the country is putting their stamp of approval and logo on the Omission Beer bottles. It just doesn't makes sense to me! All of the facts show that legally this product is not gluten-free. The Celiac Sprue Association is misleading the Celiac community.

The CSA website says:

CSA Recognition Seal products are tested using the most sensitive ELISA test presently available in the United States. Validation of "free of wheat, barley, rye and common oats" in tests with a lower limit of quantification of 5 parts per million. Company submit the analysis of ingredients and manufacturing procedures (HACCP) to assure the products meet the requirements for the CSA Recognition Seal.

The most recent Omission testing of their Pale Ale from November 4, 2013 has the beer testing at less than 10ppm and not at the standards that the CSA claim they test (less than 5 ppm) to on their website. The CSA contradicts its own requirement #4:

"CSA-recognition seal definition: Requirement #4—Ingredients “specially processed to remove gluten”—(e.g. food starch, wheat starch, distilled alcohols and vinegars from WBRO grain sources): Not allowed—with present available commercial methodology the extent or consistency of the processes is not measurable. "

I personally think the Celiac Sprue Association made a HUGE mistake endorsing Omission Beer. As of today, Omission Beer cannot legally be labeled "gluten-free" under the current TTB laws. Period. Additionally, if you look at all of the definitions of "gluten-free" on the Celiac Sprue Association website, Omission Beer does not meet those requirements. I have nothing personal against Omission Beer but I now question the judgement of the Celiac Sprue Association with their endorsement of this product that cannot legally be labeled gluten-free. I will also now question all  all future endorsements that come from the Celiac Sprue Association.

Celiac Sprue Association, you have contradicted your own definitions of gluten-free by endorsing a product derived from gluten. What made you do it?  Please rethink this endorsement or update your website immediately to reflect that you now support products that are made from gluten.