The FDA has developed draft guidance addressing confusion and legal action over the naming and labeling of plant-based alternatives to eggs, seafood, poultry, meat and dairy (excluding plant-based milk, e.g. oat milk). FDA is also responding to increased consumer interest in plant-based foods and is intervening to address potentially confusing labeling practices for these products.
FDA’s draft guidance provides recommendations for manufacturers, focusing on transparency and truthfulness in labeling. FDA particularly focuses on clear naming conventions, especially when a common or usual name for a product is lacking. Manufacturers are asked to name the primary plant source in the product name so that consumers know the ingredients and can differentiate between similar offerings which may use different plants to create the substitute.
FDA also permits references to traditional animal-derived food names, such as “sausage” or “cheese” provided the label also clearly indicates that the product is plant-based and does not mislead consumers. FDA encourages manufacturers to list all plant sources in the ingredient list to completely inform consumers of the make-up of the product.
The public comment period is open until May 7, 2025. If you would like to make comments on the draft guidance you can send them to FDA at this website using docket no. FDA-2022-D-1102 or in writing.
Practical Impact
According to FDA, sales of plant-based foods increased from $5.5 billion in 2019 to $ 8.1 billion in 2023. Millions of products will require packaging changes and brand and retail marketing efforts will need to be reworked to ensure continued compliance.
According to Gardner Law’s seasoned food law expert David Graham, “Issues around plant-based foods labeling has been a concern for some time and states have addressed it through legislation banning meat names for plant-based foods. This guidance may help alleviate concerns about consumer confusion about, and marketing of, plant-based foods that are substitutes for meat and dairy products.”
What You Should Do
Navigating the FDA’s new labeling guidance for plant-based products can be as challenging as it is crucial. As consumer demand surges and regulatory expectations tighten, manufacturers face a complex landscape where transparency and accuracy in labeling are paramount. Missteps not only risk consumer confusion but may also lead to costly legal complications. Gardner Law’s deep expertise in food and labeling regulations, coupled with personalized, practical counsel, ensures that you receive the efficient, responsive guidance necessary to adapt your practices and safeguard your brand.
