Hypoallergenic novel foods may have benefits for food-allergic consumers. However, other novel foods may exacerbate the problems associated with food allergy. This paper reviews the existing legislation associated with the introduction of novel foods and specifically considers its coverage of allergy risks and benefits. Various regulations are in place to protect consumer health. These regulations require novel food safety to be assessed before they can enter the market, but do not specify how this assessment, which includes allergenicity, should be performed. It is concluded that including a benefit assessment in the novel food legislation, may be beneficial.