Keeping Up with Food Allergy Legislation

Keeping Up with Food Allergy Legislation

Living with a chronic health condition means educating yourself is a regular part of your life. New research, new treatments, and maybe even new laws are introduced as time goes by. Understanding the changes in these areas is crucial for those directly (or indirectly) affected by them. 

For those living with food allergies, several new developments have rolled out recently that may change the way we approach our day-to-day life. 

Open A Door of Discussion

Whether or not a new development is going to change the way you do things is more individual than collective. A new law or study may open the door to a shift in your allergy management program, or you may land at the same status quo. What these new advances should mean is that it’s time for a conversation with your allergist and other health team members. 

Understand what these developments mean in your own unique situation and dig beyond the news story headline to see what the actual study (or law) is really saying before you make a shift in your own day-to-day allergy management. 

FAA Reauthorization Act of 2024

Congress recently passed (and the President signed) the FAA Reauthorization Act of 2024. The bill itself addresses a wide range of passenger safety issues. Among them, however, is a clause that requires the FAA to consider whether in-flight emergency medical kids include appropriate medications and equipment to treat anaphylaxis. 

In other words, we’re moving one step closer to stock-epinephrine requirements for consumer aviation. You can read more on this subject in a recent Asthma and Allergy Foundation of America update. 

Maryland Passes Elijah’s Law 

Recently the state of Maryland passed Elijah’s Law, which requires childcare providers to develop procedures that will help mitigate risk of severe allergic reactions including anaphylaxis. Under this bill, childcare providers will be required to train staff to recognize symptoms of anaphylaxis, implement emergency protocols for responding to medical emergencies prompted by an allergic reaction, and create guidelines for storing and administering epinephrine. 

This is a state law, but that doesn’t mean its passage isn’t significant for those outside of the state of Maryland. Similar laws have already been passed in New York, Illinois, and Virginia. Bills have also been introduced in five other states as well, and organizations like the Elijah-Alavi Foundation are actively advocating for additional states to consider such legislation. 

NY Caps Cost of EpiPen

Epinephrine can be the difference between life and death for a person experiencing a severe allergic reaction. Yet, the cost of filling a prescription for an autoinjector can be prohibitive for individuals who need them. Out of pocket costs, without insurance coverage, can easily top $700 per box of autoinjectors. Generic versions may cost less, although still a hefty amount. 

The state of NY just passed a law that will cap the out of pocket costs of epinephrine at $100 (for a two-pack) beginning January 2026 and pending the governor’s signature. This move makes NY the seventh state to implement a cap on epinephrine joining Colorado, Minnesota, New Hampshire, New Jersey, and Rhode Island. Other states have proposed caps and those bills are in various stages of discussion.

NY’s Stock-Epinephrine Bill for Large Venues  

Likewise, the state of New York also recently passed a bill that will require venues with seating for more than 1,000 people to have epinephrine auto-injectors as part of their emergency medical response kit. Such venues are currently required to maintain emergency response medication and devices like AED machines and Narcan. 

More than half of US states have some type of stock epinephrine law on the books; however, what public venues are included in the requirement varies by state. A general list can be found at FARE’s website.

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