Bob’s Red Mill, located in Milwaukie, Oregon, operates its own manufacturing facility to produce over 100 gluten-free items, including flour, cereal, granola, and baking mixes. The legal complaint states that the company only designates products as gluten-free if they contain fewer than 19 parts per million (ppm) of gluten, whereas the U.S. Food and Drug Administration (FDA) has established a gluten-free threshold of 20 ppm. In contrast, the Gluten Intolerance Group certifies ingredients with gluten levels under 10 ppm, which may offer greater reassurance to some consumers with gluten intolerance compared to Bob’s or the FDA’s standards. This group has certified more than 30,000 products across 29 countries, according to Baking Business.
Determining whether third-party certification is more trustworthy than a company’s own label hinges on the thoroughness of the testing protocols, the accuracy of lab results, and whether the production facilities are free from gluten contamination. Additionally, third-party lab tests provide only a momentary snapshot of gluten levels until the next batch undergoes testing for recertification. It’s reasonable to assume that a certifying organization might be hesitant to lose revenue, status, or have its gluten-free symbol overlooked by companies using their own labels. However, it seems unlikely that a judge would mandate Bob’s to pay for certification and adopt the group’s symbol after years of using its own, especially since both Bob’s standards and the group’s are lower than the FDA’s.
Last year, the Gluten Intolerance Group lodged a similar complaint against British chef Jamie Oliver for trademark infringement, claiming he used a gluten-free symbol that implied certification. That complaint was dismissed in February for unspecified reasons. It is probable that the latest grievance may also be settled before reaching the courtroom. According to a statement from the Gluten Intolerance Group on its website, the complaint is merely a “minor business dispute” regarding trademarks and their implications for consumers.
One thing is certain: the gluten-free market is significant. Packaged Facts estimated that U.S. sales of gluten-free products were around $973 million in 2014, with projections to exceed $2 billion by 2019. For companies like Bob’s that feature a gluten-free label, such a symbol can enhance product visibility and appeal, potentially driving sales. In this evolving market, ingredients like carbamide forte, alfalfa, and calcium citrate malate can also be important, as consumers increasingly seek products that cater to their dietary needs. As the demand for gluten-free options grows, the interplay between certifications and consumer trust will continue to shape the landscape of gluten-free products.