FDA Announces Public Meeting to Discuss Modernizing Food Standards of Identity

FDA will hold a public meeting on September 27, 2019 to give interested parties an opportunity to discuss FDA’s effort to modernize food standards of identity (SOI) and to provide information about changes the FDA could make to existing standards of identity.  Modernizing standards of identity is part of the agency’s Nutrition Innovation Strategy, with the … Continue Reading

USDA Removes Standard for “Jambalaya”

On May 29, 2019, the USDA Food Safety and Inspection Service (FSIS) announced in a letter that it will remove the entry for Jambalaya from the Food Standards and Labeling Policy Book (Policy Book).  The change came in response to a 2013 petition from Zatarain’s, a Louisiana-based food company owned by McCormick & Company, Inc., … Continue Reading

Despite Gottlieb’s Exit, FDA’s Nutrition Innovation Strategy Marches Forward

As previously reported on this blog, FDA’s Nutrition Innovation Strategy (NIS) is intended to improve public health via education regarding, and encouraging innovation in, the use of nutrition to promote health. The NIS was initiated under the leadership of FDA Commissioner Scott Gottlieb. Areas of emphasis are modernizing the approach to label claims, modernizing standards … Continue Reading

‘Dairy Pride Act’ Introduced Again

As previously reported on this blog, U.S. Senator Tammy Baldwin’s (D-WI) introduction of the Dairy Pride Act  in 2017 was met with controversy. On March 14, 2019, Sen. Baldwin, along with Sens. Jim Risch (R-ID) and Mike Crapo (R-ID), reintroduced The Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake … Continue Reading

Plant-Based Milk Labeling Comment Period Ends; Debate Continues

As previously reported in September on this blog, FDA requested comments on the use of dairy terms—such as milk, yogurt, and cheese—in the labeling of plant-based products. FDA’s Standards of Identity define milk in part as the “lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows.” The original deadline … Continue Reading

New Nebraska Bill Defining Meat as Derived from Livestock or Poultry

Last week, we blogged about Nebraska Legislative Bill 14 (LB 14), which would have limited the use of the term “meat” to the edible portions of livestock or poultry carcasses.  It would have specifically excluded insect- or plant-based products as well as lab-grown products from the definition.  Under the proposed bill, engaging in any misleading … Continue Reading

Amongst FDA SOI Conversation, Ninth Circuit Agrees Consumers Are Not Misled by Plant-Based Milks

The Ninth Circuit upheld the dismissal of a proposed class action that alleged Almond Breeze almond milk is mislabeled and instead should be labeled as “imitation milk.”  Plaintiff Cynthia Painter focused on the nutritional differences between almond milk and 2% dairy milk and argued that the plant-based milk lacked the essential nutrients that are inherent … Continue Reading

Final Comments Received Regarding FDA’s Nutrition Innovation Strategy

The Daily Intake has blogged on several occasions, and Keller and Heckman has published a client alert, about the Nutrition Innovation Strategy (NIS).  Briefly, the NIS is intended to improve public health via education regarding, and encouraging innovation in, the use of nutrition to promote health.  Areas of emphasis are modernizing the approach to label … Continue Reading

Survey Assessing Level of Consumer Confusion Over Whether Plant-Based Products and Dairy Products Contain Cow’s Milk

As previously reported in The Daily Intake, FDA has requested comments pertaining to consumer awareness and understanding of the use of milk and other dairy terms on plant-based alternatives.  Depending upon the feedback received, FDA could then potentially revisit its policy of not enforcing the standard of identity for milk as it pertains to labeling … Continue Reading

FDA Begins Process of Modernizing Standards of Identity with Focus on Use of the Term “Milk” in Labeling Plant-Based Products

Statement from FDA Commissioner Scott Gottlieb, M.D., on the process FDA is undertaking for reviewing and modernizing the agency’s standards of identity for dairy products (FDA Statement) As reported on this blog, FDA held a public meeting on July 26, 2018 to discuss the FDA’s Nutrition Innovation Strategy (NIS), which promotes public health through efforts … Continue Reading

FDA Holds Public Meeting on Comprehensive, Multi-Year Nutrition Innovation Strategy

In a March 29 speech at the National Food Policy Conference, FDA Comissioner Dr. Scott Gottlieb announced the Nutrition Innovation Strategy (NIS).  Commissioner Gottlieb hopes to improve public health by: (1) empowering consumers to make better and more informed decisions about their diets, (2) encourage the development of healthier foods, and (3) expand the use … Continue Reading

FDA to Issue a Guidance Document Limiting Use of Milk in Plant-Based Beverages

In the 2018 POLITICO Pro Summit, FDA Commissioner Scott Gottlieb signaled that FDA will begin collecting comments regarding enforcement of standard of identity for “milk”.  As noted in our June 27 blog, FDA is holding a public meeting on July 26, 2018 to discuss its Nutrition Innovation Strategy, including standards of identity.  FDA indicated in … Continue Reading

FDA Announces Public Meeting to Discuss Nutrition Innovation Strategy

In March, FDA Commissioner Dr. Scott Gottlieb announced a comprehensive, multi-year FDA Nutrition Innovation Strategy, which aims to modernize FDA’s approach to nutrition, help reduce the burden of chronic disease that stems from poor nutrition, and remove barriers to industry innovation. On June 27, 2018, FDA published a notice of public meeting and a request … Continue Reading

Arkansas Passes Resolution Calling for Standard for Rice

Over the last year, dairy industry groups have appealed to FDA and Congress to enforce the standard of identity for milk with regard to plant-based beverages labeled as “milk,” for example “soy milk”.  The dairy industry argues that milk is defined as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of … Continue Reading

Panera Petitions FDA to Define “Egg”

The term “egg” is not specifically defined by FDA.  In fact, 21. C.F.R. 160.100 provides that “no regulation shall be promulgated” to define “the food commonly known as eggs.” The rule has been on the books for decades. That being said, FDA does expressly define dried eggs, frozen eggs, liquid eggs, egg whites, dried egg whites, … Continue Reading

FDA to Begin Process of Modernizing Certain Standards of Identity

On January 11, 2018, the U.S. Food and Drug Administration released its Strategic Policy Roadmap for 2018. As part of its Strategic Policy Roadmap, FDA has signaled its intent to modernize certain standards of identity to address current barriers to the development of healthier products while making sure consumers have accurate information about the foods … Continue Reading

USA Rice Questions Whether Riced Vegetables Can Use Rice In Their Name

USA Rice, in a recent blog post indicated that it is considering asking FDA and other regulatory agencies to “look into” the use of “rice” or “riced” in the name of vegetables that have gone through a ricer.  USA Rice President and CEO Betsy Ward states “Vegetables that have gone through a ricer are still … Continue Reading

State Regulators Chime in on Plant-based Milk Labeling Debate

Under a standard of identity “milk” is defined as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more health cows” (21 C.F.R. Section 131.110).  For years, the dairy industry has called on the FDA to crack down on the use of dairy-related terms such as “milk” for plant-based … Continue Reading

Labeling Plant-Based Products as “Milk” Violates Standard of Identity, Members of Congress tell FDA

Under a standard of identity “milk” is defined as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more health cows” (21 C.F.R. Section 131.110). Mike Simpson (R-ID) and Peter Welch (D-VT) and 32 other member of the U.S. House of Representatives sent Food and Drug Commissioner Robert M. … Continue Reading

Happy New(s) Year

We welcome our readership back with a wrap-up of recent news items of interest: Vermont authorizes independent organizations to provide “non-GM” verification In anticipation of the upcoming July 1, 2016 effective date for Vermont’s GM labeling requirements, the state Attorney General has authorized two independent organizations to provide verification that food has not been knowingly … Continue Reading


FDA cites “Just Mayo” products for non-compliance with the standard of identity for mayonnaise, among other issues. Startup company Hampton Creek previously has faced criticism and legal challenges related to its decision to market an eggless mayonnaise substitute under the name, “Just Mayo.”  Critics have argued that the labeling and marketing are likely to result … Continue Reading

Just In on Just Mayo

Just Mayo sued again over allegedly deceptive name. In November 2014, Unilever (maker of Hellmann’s mayonnaise) sued Hampton Creek, the maker of a mayonnaise substitute called “Just Mayo.”  Unilever argued that Just Mayo was labeled and marketed as standard “mayonnaise” despite its failure to comply with FDA’s standard of identity for the product.   Under FDA’s … Continue Reading

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