New FDA yogurt standard a win for IDFA members

Following decades of advocacy from the dairy industry and formal objections filed by IDFA in July 2021, the U.S. Food and Drug Administration (FDA) today announced changes to the 2021 2021 Yogurt Standard of Identity (SOI) final rule that largely align with IDFA’s requested changes included in our objections. We are generally pleased with FDA’s decisions related to our objections and consider today’s final rule a win for our industry.

In response to IDFA’s objections, FDA this morning said it would amend the yogurt standard rule to:

Allow the use of all safe and suitable sweeteners, including non-nutritive sweeteners;

Set the minimum, optional fortification of Vitamin D at 10% of the Daily Value;

Permit the use of fat-containing flavoring ingredients (such as coconut flakes, chocolate, etc.) in lower fat yogurt that increase the total fat above the nutrient content claim level related to milkfat content; and

Permit the manufacture of yogurt with milkfat content less than 3.25% but at least 2.44%.

These changes will be made public in the Federal Register tomorrow. The previous regulatory stays on these provisions are being lifted, so these changes to the final rule are effective January 17, 2023, with a compliance date of January 1, 2024, in alignment with the non-stayed provisions.

In a letter to IDFA, FDA said it is issuing a Proposed Order to eliminate the minimum titratable acidity option and require that yogurt have a pH of 4.6 or lower measured on the finished product within 24 hours after filling, in accordance with IDFA’s objections. IDFA has 30 days after receipt of the Proposed Order to demonstrate that a hearing is justified. If FDA finalizes this Proposed Order after the 30-day period, notice will be published in the Federal Register and objections to or requests for a hearing on the changes to the rule may be submitted by any member of the public. The stay with respect to the acidity requirement would be lifted upon publication of a final order in the Federal Register.

Unfortunately, FDA has rejected IDFA’s request to allow the addition of pasteurized cream after culturing/fermentation due to insufficient evidence supporting our request. However, FDA noted that industry can use the FDA Temporary Marketing Permit process to test market products using such practices in an effort to gather the necessary evidence to support a future petition to amend the standard.

While FDA’s announcement this morning translates to major advocacy wins for IDFA members, IDFA greatly appreciates Congress’ continued oversight and accountability of FDA. We will continue to push for reform at the FDA to ensure the agency runs a more efficient, transparent, timely operation that effectively responds to industry. Furthermore, IDFA will continue to reiterate that FDA’s food standards modernization efforts must continue at a much faster pace in closer collaboration with the industry and other stakeholders.

If you have any questions related to the yogurt SOI, please contact John Allan (jallan@idfa.org).

Thank you.