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Protecting families from contaminated food and water
Posted in Food Policy,Our Blog on March 1, 2025
The U.S. Food and Drug Administration (FDA) is working on a draft guidance document for labeling plant-based alternatives to animal-derived foods and needs industry input.
Members of the industry are encouraged to read the proposed guidance and provide feedback based on their expertise in the field.
This new guidance comes as the popularity of plant-based alternatives continues to rise. In an effort to help the consumer make a more informed choice, the FDA proposes certain labeling requirements for plant-based alternative to animal-derived foods.
What is exactly is meant by “plant-based alternatives to animal-derived foods? It is a long, complicated name for a food that looks or taste like an animal-derived food, but is actually made up of plant ingredients.
Some popular brands include Beyond Meat and Impossible Foods.
While Boca Burgers also fit the category, they clearly appear as black bean burgers.
Beyond Meat and Impossible Foods, on the other hand, are nearly indistinguishable from their animal-derived counterparts.
This can make it difficult for a consumer to make informed purchases.
Plant-based alternatives is a growing market. The public seems more receptive to these types of foods and are buying them. A lot of them.
The Plant-Based Foods Association says that based on consumer research, 70% of the U.S. population is consuming plant-based foods.
According to the report, “the total U.S. retail plant-based food dollar sales grew from $5.5 billion in 2019 to $8.1 billion in 2023.”
$8.1 billion of Plant-Based Alternatives to Animal-Derived Foods were sold in the U.S. in 2023
Additionally, new plant-based alternatives have entered the market. Plant-based eggs, for example.
Why exactly are plant-based alternatives so popular?
There are lots of reasons why someone may opt for a plant-based alternative to animal-derived food.
Not so long ago, if you wanted a plant-based food, you were limited to the usual vegetables and grains, with some tofu thrown in the mix. Burgers were black bean or quinoa. Milk was primarily soy or almond.
Now there are choices galore!
Now your tofurkey bacon can look and taste just like bacon.
Your plant-based burger can look and taste just like a burger. You can even get filets.
So many options. With some nearly indistinguishable from the “real thing.”
A situation that complicates labeling.
The FDA requires food labels to clearly indicate what is inside the package.
For non-standardized foods, like plant-based alternatives to animal-derived foods, this can get complicated.
A beyond burger, is a hamburger. Right? It looks like one. Cooks like one. Tastes like one.
So, hamburger is sufficient on the label?
Should the “plant-based” label be prominent so as to not confuse the consumer?
And what should that label look like?
The FDA has some ideas of where this standardization should start. But they want input from the industry. Input in the form of providing comments to a list of questions and answers provided in the Draft Guidance that may become an enforceable requirement.
I will provide a brief overview of the nine questions the FDA proposes in the labeling guidance and what the current interpretation and answers are for the agency. Feel free to refer to the original document for an expanded version of the answers.
Turns out, plant-based alternative foods are classified as non-standardized foods because there is no existing regulation giving them a “standard of identity.”
This proposed document will likely change that.
The guidance explains that, in these cases, the plant source should be included in the name. This presents the nature of the plant-based ingredients to the consumer and does so in a way that will distinguish it from similar foods.
Consumers should be able to easily identify that the product is plant-based.
The FDA understand that saying “plant-based” is a signal to the consumer that it is a food made from plants, rather than animals. But they would like this label to go a little further. The agency recommends using the source of the plant-based ingredient as part of the name. Omitting this detail may be confusing to the consumer. Whereas specifically including the grain, seed, or other plant source in the name sends a clear message to the consumer.
Things can get complicated when multiple plant sources are used to make a plant-based alternative food. In this case, the agency recommends all plant sources be represented. Though the primary plant source should be listed first.
In these cases, the FDA still recommends that the specific plant sources be included in the name to avoid confusion. They indicate that names like “Cluck-less Egg” and “Beef-less Ground Meat” are not sufficient. This goes back to the third question. An indication that this is a stance that will likely stick in the final document.
The FDA does not appear to oppose these quirky labels. But continues to emphasize that the plant-source should still be prominently included in the label. This is to help clearly distinguish it from other types of plant-based alternative foods.
Now that they have discussed what should be on the label. Now they go into details on what the label should look like. The word “prominent” is used over and over. The guidance includes “bold type” and indicates that the statement of identity should be “at least ½ the size of the largest print on the label.”
Including such terms as “vegan” and “meat-free” are truthful, and the FDA recognizes this as being a non-misleading label statement. However, other accompanying statements are still necessary. Such as the plant-source statement the FDA continues to drive as a requirement.
So, first of all. I had to look up what the word vignettes means in this context. This guidance document is meant for those in the industry, who would presumably understand what they mean. For myself, and you dear reader, I will provide a definition.
According to a Google search, a vignette is “a small illustration or portrait photograph.” On the draft document it provides an image of a package of “Wheat Jerky” that has a cow made of jerky on the front.
Now we both know.
Back to the answer. The FDA guidance does approve such images. However, “manufacturers should ensure they do not convey or communicate that animal-based ingredients are the source of the product when in fact it is plant-based.”
If you’d like to participate, navigate to the draft document link in the introduction and click the online submission button. Alternatively, you can mail written submission.
Be sure to include the document’s docket number: FDA-2022-D-1102
Mail comments to:
Dockets Management
Food and Drug Administration
5630 Fishers Lane, Rm 1061
Rockville, MD 20852
How do you feel about the current plant-based alternative food packaging? Do you think these proposed changes benefit the consumer?
If you’d like to know more about food safety topics in the news, like “The FDA Wants to Standardize Labeling for Plant-Based Alternatives to Animal-Derived Foods and Needs Industry Input,” check out the Make Food Safe Blog. We regularly update trending topics, foodborne infections in the news, recalls, and more! Stay tuned for quality information to help keep your family safe, while The Lange Law Firm, PLLC strives to Make Food Safe!
By: Heather Van Tassell (contributing writer, non-lawyer)