Clarity on US protein alternative labeling could be coming

The U.S. Food and Drug Administration (FDA) is developing a draft guidance document for food manufacturers that will cover the labeling of plant-based alternatives to animal-derived foods.

Meredith Johnson Headshot
Uncooked eggs in packing on white background.
Uncooked eggs in packing on white background.
Andrewcam

The U.S. Food and Drug Administration (FDA) is developing a draft guidance document for food manufacturers that will cover the labeling of plant-based alternatives to animal-derived foods, which will likely include eggs. Its expected release date is in December 2022.

The document comes due to consumer confusion regarding the labeling of products, such as imitation eggs. 

Often, plant-based companies will label products with the name of the foodstuff that they are copying, for example “egg,” even when the product does not contain any egg. During the United Egg Producers’ (UEP) recent Area Briefing, Randy Green with policy and public affairs company Watson Green stated, “We think current labeling practices run the risk of confusing and misleading consumers.” 

This is likely to happen as plant-based products are frequently created to closely resemble the look, feel and taste of the product they are attempting to compete with, but vary in formulation and nutritional content. Additionally, these products are usually packaged in a similar fashion and sold in the same grocery store section as their competitor.

“If products compete with, or try to substitute, eggs, under FDA laws, they should be called an imitation if they are nutritionally inferior. If they are nutritionally equivalent, they should be called a substitute,” he added.

According to the UEP, these labeling practices have resulted in substantial consumer confusion and violate the misbranding provisions determined by Congress in the Federal Food, Drug, and Cosmetic Act.

Example of dairy

Because the dairy sector has long faced consumer uncertainty over plant-based products, such as almond or soy milk, Green believes there will be confusion in the egg sector as protein alternatives grow in popularity.  

While many consumers understand the difference between plant-based milk and dairy milk, a study by the International Food Information Council found that almost 25% of consumers either mistakenly believe there is cow’s milk in plant-based milk or were uncertain about it, added Green.

While the guidance document covering plant-based protein labeling is still under review by the FDA, a similar guidance document covering dairy alternatives is further along with the Office of Management Budget undergoing review, soon to be published. 

Green believes it is likely that the principles determined in the dairy products document will apply to meat and eggs as well. 

To address the growing confusion, the FDA is being urged by the House and Senate Appropriations Committees to conduct research to better understand the attitudes, beliefs, motivations and perceptions of consumers concerning plant-based labeling practices.

“Research could reveal that consumers do not have as much information as they need, and that current labeling is not doing a good enough job of differentiating products. We hope that FDA will choose to take a stronger tone in enforcing its requirements.”

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