The Vegetarian Resource Group sent the following testimony to the FDA.
Testimony is due April 21, 2020. See:
https://www.federalregister.gov/documents/2020/02/21/2020-03437/food-standards-general-principles-and-food-standards-modernization-reopening-of-the-comment-period

We welcome the opportunity to comment on Food Standards: General Principles and Food Standards Modernization. We commend FDA for their commitment to protecting consumers against economic adulteration; maintaining the nutritional integrity of food; and providing flexibility to encourage manufacturers to produce more healthful foods. As a consumer organization, we also prioritize providing clear, helpful label information that consumers can use to make an informed choice and to be able to find the foods that they are looking for. We believe that FDA principles 2, 6, and 8 should be revised to better reflect the needs of the consumer.

Specifically, each of these principles (2, 6, and 8), includes the phrase “the basic nature … of a food.” From testimony and statements that we have heard about standards of identity, the food industry, whether animal-based or plant-based, is interpreting the “basic nature of a food” to protect their particular product, rather than the consumer. This is contradictory to the goals of:
(1) protecting consumers against economic adulteration;

(2) maintaining the basic nature, essential characteristics, and nutritional integrity of food; and

(3) promoting industry innovation and providing flexibility to encourage manufacturers to produce more healthful foods.

We suggest that in Principles 2, 6, and 8 the phrase “basic nature” be changed to “typical uses” so that these principles would read:

2. Describes the typical uses of the food to ensure that consumers are not misled by the name of the food and to meet consumers’ expectations of product characteristics and uniformity.
3. Permits maximum flexibility in the technology used to prepare the food provided the technology does not alter the typical uses or essential characteristics, or adversely affect the nutritional quality or safety, of the food. Provides for any suitable, alternative manufacturing process that accomplishes the desired effect, and describes ingredients as broadly and generically as feasible.
4. Is simple, easy to use, and consistent among all food standards. Includes only those elements that are necessary to define the typical uses and essential characteristics of a particular food, without unnecessary details.

We suggest you add as a guiding principle:

A use of a term should be allowed if a descriptive word or two added to the term enables the consumer to easily differentiate the food from the name without the descriptive term.

Plant-based products are specific product examples that illustrate why principles 2, 6, and 8 should be revised and why we recommend adding a guiding principle. 

Standards of Identity should meet the needs of a variety of consumers.  Our comments focus on the needs of vegetarians, vegans, and those who wish to eat vegetarian and vegan foods.

Vegetarians and those interested in reducing animal product consumption commonly use plant-based products (milks, cheeses, yogurts, meats) in place of animal-based products. The plant-based products are used to add variety, to enable users to prepare foods similar to those made with animal-based products, and, in some instances, to supply nutrients such as calcium, vitamin D, vitamin B12, and protein. If a Standard of Identity’s focus is the “basic nature of a food,” some may make the claim that terms such as “milk” or “meat” could only be used for foods derived from animals which is confusing and misleading to plant-based consumers, who are close to half the population (1). Replacing “basic nature of a food” with “typical uses of a food” would allow label information that would enable consumers to recognize plant-based products that replace meat or dairy products using familiar words like “burger,” “milk,” “cheese,” or “bacon.”

Our suggestion to add as a guiding principle “A use of a term should be allowed if a descriptive word or two added to the term enables the consumer to easily differentiate the food from the name without the descriptive term” is a way to promote honesty and fair dealing in the interest of consumers. For example, plant-based products such as milk, cheese, or yogurt would be labeled with a modifier identifying the main plant ingredient (e.g. soy milk, cashew cheese, almond milk yogurt).  Similarly, plant-based meat replacers could be identified as “soy burger,” “tempeh bacon,” or “tofu-based sausage.”

These changes will have an impact on many consumers. According to our most recent poll (1), about 4% of adults in the United States consistently follow a vegetarian diet, about half of these are vegan and do not eat any animal products. People choose to follow vegetarian or vegan diets for a variety of reasons including health, ecological, and religious concerns, dislike of meat, compassion for animals, belief in non-violence, and economics. Many other people avoid dairy products and/or meat products due to environmental concerns; health issues such as allergies, lactose intolerance, or hypercholesterolemia; or for other reasons. Our most recent poll (1) finds 46% of American adults sometimes or always eating vegetarian (including vegan) meals. This segment is likely to increase since 60% of 18-34-year olds always/sometimes eat vegetarian (including vegan) meals when eating out. Clearly, a large and growing segment of the population needs products to be labeled in a way that meets their needs as consumers of plant-based products.

In conclusion, we recommend

• Changing the phrase “basic nature” in Principles 2, 6, and 8 to “typical uses.”
• Adding a guiding principle that states, “A use of a term should be allowed if a descriptive word or two added to the term enables the consumer to easily differentiate the food from the name without the descriptive term.”

Thank you for the opportunity to comment on this issue.

References

1. Stahler C. How many adults in the U.S are vegetarian and vegan? How many adults eat vegetarian and vegan meals when eating out? Asks the Vegetarian Resource Group. https://www.vrg.org/nutshell/Polls/2019_adults_veg.htm Published 2019.