The phrase "may contain peanuts" appears on millions of food products in the United States. So do "produced in a facility that also processes peanuts" and "made on shared equipment with peanut products." These advisory statements are voluntary. No federal law requires manufacturers to use them.
The FDA states that advisory labels "should not be used as a substitute for adhering to current good manufacturing practices." Adding "may contain" to a label is not a license to skip allergen controls. But in practice, the statements are applied inconsistently. Some manufacturers use them as genuine risk disclosures after rigorous allergen assessment. Others add them as liability coverage even when their controls are robust. Some skip them entirely even when the risk is real.
This creates a structural problem for allergic consumers. You cannot trust the absence of a "may contain" warning to mean the product is definitely free of cross-contact risk, because disclosure is not mandatory. And the presence of a "may contain" warning does not tell you how significant the risk actually is.
"Consumers with food allergy are increasingly ignoring advisory labeling. Because food products with advisory labeling do contain detectable levels of peanuts, a risk exists to consumers choosing to eat such foods." — Journal of Allergy and Clinical Immunology, 2007
Research from that period found that 10% of products bearing "may contain" advisory statements contained detectable peanut allergen. The proportion of allergic consumers ignoring advisory labels also rose over the study window — from 15% to 25% between 2003 and 2006 — suggesting that as "may contain" warnings multiply and feel routine, their practical weight for consumers diminishes.
The Fly By Jing Creamy Sesame Noodles carried no "may contain peanuts" advisory at the time of the recall. There was no signal on the package that peanut cross-contact was a possibility. For a shopper with peanut allergy who checked the label carefully, this product appeared safe.