First State Law to Prevent Food Allergies Takes Effect January 1

In a landmark decision that will transform public health policy, Delaware has become the first state in the nation to pass a law aimed at preventing food allergies, specifically those involving peanuts and eggs. Signed into law in 2024, House Bill 274 marks a radical shift from decades of treatment-focused care to a new strategy of proactive prevention. This groundbreaking legislation recognizes the latest scientific evidence and aims to tackle the growing public health crisis of food allergies, which currently affects millions of Americans, including one in 13 children.

The central pillar of the new law is a mandate for health insurance carriers. The legislation requires all individual and group health benefit plans subject to state regulation, including Medicaid, to provide coverage for early allergen introduction dietary supplements. These products, which are prescribed by a healthcare practitioner, contain safe, measured amounts of peanut or egg protein formulated for infants. Crucially, the law stipulates that this coverage must be provided at absolutely no cost to the covered individual, eliminating financial barriers for parents seeking to protect their children.

This legislative action is directly rooted in robust clinical research, overturning previous recommendations that encouraged delaying the introduction of common allergens. The influential Learning Early About Peanut Allergy (LEAP) study from 2015 demonstrated that the early and sustained consumption of peanut products by high-risk infants could reduce the risk of developing a peanut allergy by as much as 87%. Similar positive findings were later replicated for eggs by the Enquiring About Tolerance (EAT) study. The law formalizes the modern medical consensus that introducing allergens between four and six months of age is the most effective preventative strategy.

The law’s passage drew immediate praise from national advocacy groups. Sung Poblete, PhD, RN, the CEO of Food Allergy Research & Education (FARE), heralded the bill as a national model. She stated, “Delaware is setting a national example as the first state to address food allergy prevention. We hope other states will follow Delaware’s lead and ensure that every infant from four to six months of age receives the peanut and egg supplements needed to prevent the development of these life-altering allergies.” The emphasis is clearly on establishing a precedent for state-level public health intervention.

The legislation’s sponsor, State Representative Kimberly Williams, captured the profound personal impact the bill will have on Delaware families. Expressing her excitement, she said, “I am thrilled to see House Bill 274 signed into law. This will make Delaware the first state in the nation to address food allergy prevention. This legislation has the power to change so many lives throughout our state.” Williams highlighted the long-term benefits of early investment, noting it will allow children to “fully participate in normal school, sport, work, and social activities and parents will not have to worry each and every day about the health risks their child takes every time they walk out the door.”

Beyond the health and safety improvements, the law is projected to generate substantial economic relief. Food allergies impose a significant financial burden, costing the American economy billions annually, with families spending thousands of dollars each year on care for a child with allergies. By funding preventative measures early on, the state is expected to save millions in future healthcare costs for emergency room visits, specialist appointments, and expensive specialty foods. As food allergy Mom and advocate Meenal Lele succinctly put it, “Prevention is always the best medicine. We took a huge step today in helping children live their best lives.”

The Delaware law, which takes effect on January 1, 2026, solidifies the state’s position at the forefront of preventive public health. It provides a blueprint for how states can leverage insurance regulation and updated medical science to tackle pervasive health challenges before they begin. Advocates across the country are now urging their own legislatures to adopt similar measures, hoping to expand this life-changing, preventative model nationwide and ensure that a generation of children will never have to face the life-threatening risks of a common food allergy.

Contact your state legislators and urge them to follow Delaware’s lead in preventing food allergies.