FDA to Review Standard of Identity for Dairy Products

On July 26, 2018, the U.S. Food & Drug Administration (“FDA”) announced that the Agency will be reviewing and modernizing established standards of identity for dairy products. A contentious issue among the dairy industry, dairy-alternative producers and consumers, FDA has long held that dairy alternatives cannot traditional dairy terminology in labeling. However, given the proliferation of non-dairy alternative products in the marketplace and popularity among consumers, FDA is signaling that changes may be coming.

FDA Standard of Identity and Dairy Labeling

Under 21 CFR 131.110, the FDA defines “milk” as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cow.” Thus, in order to meet standard of identity requirements for product labeling, a product labeled as “milk” must have animal origin, i.e., be actual dairy. According to dairy industry groups, who support the current standards of identity, labeling almond milk or soy milk as milk is misleading because the product is plant-based and was not derived from a dairy animal. In addition to milk, the regulations pertaining to naming of dairy affects other dairy-based products, like those labeled as cheese and yogurt.

Only time will tell whether the standards of identity for dairy products will be modernized by FDA. If you have any questions about FDA regulations or how you can bring your labels into compliance with FDA regulations, please contact us at contact@sglawfl.com.