On Monday, FDA issued its second guidance document on the labeling of plant-based foods. The first was released nearly two years ago and dealt with the milk imitators. We challenged the approach that FDA took in that case, and a final decision on the labeling requirements for fluid milk imitators remains in limbo.
This new guidance document deals with all other plant-based food alternatives to animal products, including many foods in the dairy category, as well as eggs, seafood, poultry and meat. The recommendations suggest manufacturers prominently display more details about the ingredients used in a product, beyond just saying they are “plant-based.”
While we have many issues with FDA’s attempts to circumvent its own rules by relying on guidance statements, it’s clear from the guidance that FDA understands that consumers are confused about the nutritional inferiority of plant-based products and is asking for more disclosure to consumers to correct that misperception. Our stance remains that the agency should be enforcing its own standards of identity as written and follow the lawful process of the Administrative Procedures Act.
The guidance does not create legally enforceable regulations, and since this was issued in the final days of the Biden Administration, it remains unclear how the incoming Trump administration will handle the matter.
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