by Reed Mangels, PhD, RD

On January 6, 2025 the U.S. Food and Drug Administration (FDA) released a draft of their proposed guidance for the food industry on how “plant-based alternatives to animal-derived foods” should be labeled. The number of types and varieties of “plant-based alternatives,” such as non-dairy cheese, vegan tuna, and veggie burgers has expanded greatly. The FDA has not, until now, provided any guidance for the wording that should be used on product labels of “plant-based alternatives.” These recommendations will go through a public comment period and a revision process before being implemented.

The FDA developed these draft recommendations to help both consumers and food manufacturers. Their stated intention for these recommendations is “to help ensure that consumers understand the nature or source of individual plant-based alternative foods, including differences among these products” in order for consumers to be able to make informed decisions. They also want to help the food industry “ensure that the labeling for, and names of their products are truthful and non-misleading and accurately describe the food.”

Here is what the FDA is proposing for labeling plant-based alternatives to eggs, seafood, poultry, meat, and dairy products. Plant milks are not included in this guidance since the FDA has already developed draft guidance for plant milks.

• When looking at the name of the food on the label, the consumer should be able to easily see that it is plant-based and what the main plant ingredient is.
• The food label should include the specific plant source(s) that the food contains. For example, the label on a plant yogurt should indicate whether it is soy-based or almond-based. This might be done by identifying the yogurt as “soy-based yogurt” or “almond-based yogurt instead of saying “plant-based yogurt” or “plant yogurt.” Apparently, the label should also indicate that the product is not dairy yogurt by using words like “plant-based,” “non-animal based” or “vegan” in addition to indicating the main plant source(s) the product contains.
• If wording is used on the label that suggests that a product is not derived from animals, such as “ChikN Patties,” it would be necessary to indicate what the product is, and the specific plant sources used in the food. For example, a label might read “ChikN Patties – Vegan Soy-based Patties.”
• The name of the food, including the main plant sources, would need to be in bold type on the principal display label. The food’s name should be printed so that the type used is at least half the size of the largest print on the label.

In their draft guidance, the FDA notes that FDA regulations do not currently define “vegetarian” or vegan” but state that the term “vegetarian” is “commonly used on food labels to communicate the food does not contain ingredients from meat, fish, or poultry but may contain dairy or eggs” and that “vegan is commonly used to communicate that the food does not contain any animal derived products (e.g., dairy products, eggs, etc.).” We were pleased to see this acknowledgement since it suggests that labeling products that don’t agree with these definitions as “vegetarian” or “vegan” could be viewed as misleading.

The FDA states that, when it is finalized, this guidance “should be viewed only as recommendations, unless specific regulatory or statutory requirements are cited.” The document also says that an alternative approach can be used ”if it satisfies the requirements of the applicable statutes and regulations” and provides contact information to discuss an alternative approach.

How do you think “plant-based alternatives to animal derived foods” should be identified? Do you agree with FDA’s recommendations or have other ideas? You can download the full text of the recommendations here. Electronic comments can be submitted to https://www.regulations.gov and should be submitted by May 7, 2025. The Vegetarian Resource Group will submit comments.

This post contains my personal understanding of the FDA’s draft guidance and should not be construed, viewed, or used as legal advice on product labeling to comply with this draft guidance.

Reference

U.S. Food and Drug Administration. Draft Guidance for Industry: Labeling of Plant-Based Alternatives to Animal-Derived Foods. Docket Number: FDA-2022-D-1102. https://www.fda.gov/media/184810/download. January 2025.