The Controversy of Labelling Plant-Based Meat and Dairy Products in the USA

When it comes to labelling plant-based alternatives to dairy, there are lots of food labelling regulations around the names and claims you can use. As a trusted food labelling company, some of the most commonly asked questions we receive revolve around labelling plant-based products and the differences in food labelling compliance in the UK compared to the US market.

In this blog, we delve into the controversy of regulations around dairy type products in the US, and how this influences the approach food business operators take to labelling their plant-based goods. For information on the UK regulations, read more here.

The controversy of labelling plant-based dairy type products

Although many consumers do not realise it, there exist food regulations known as ‘standards of identity’ that prescribe the compositional and nutritional attributes of food that is marketed under a given and common name. For example, “milk” is associated with a standard of identity, both in the United States (in 21 CFR 133.3(a)) and in Canada (in Section B.08.003 of the Food and Drug Regulations) (6,22). Foods that do not meet the compositional requirements for milk technically should not be labelled as “milk.” Indeed, in Canada and the UK, plant-based dairy substitutes are referred to as “beverages” and not “milks”.

In the United States, the controversy is very strong, with proponents arguing that the use of the term “milk” in the labelling of plant-based beverages is perfectly acceptable, so long as “milk” is prefaced by the source (e.g., “oat milk”).  One approach being used by companies in the US is creating a singular term to differentiate the item i.e. “almondmilk”.

As innovation in plant-based foods increases in response to consumer demand, controversy with respect to the labelling and naming of these foods is expected to intensify, as many common food names—“yogurt,” “cheese,” “sour cream,” etc.—are actually defined in regulations and associated with food standards. These, and the names of other standardized foods, have been used in the naming of plant-based alternatives, but this has been challenged by the dairy industry, they, along with the meat industry, have collectively taken the position that standardised terms should be used only if the food meets the conditions set out in the standard.

Future changes and developments to plant-based labelling regulations

In 2017, The Dairy Pride Act was introduced to congress and is still in the first stage of the legislative process. In the United States, the debate is so intense that, in March 2019, the Dairy Pride Act (20) was reintroduced in Congress in an attempt to stop the use of terms like “milk,” “yoghurt,” and “cheese” in the labelling of plant-based products.

Likewise, the Real Marketing Edible Artificials Truthfully (MEAT) Act was introduced to the U.S. Senate in December 2019 (21). If passed, it would require all plant-based meat products to have the term “imitation” either immediately before or after the name of the food, as well as a statement that clearly indicates the product is not derived from or does not contain meat.

At the level of each individual state, there are additional ongoing initiatives to either permit or restrict the use of standardised names in the labelling of plant-based products.

For example, New York’s pending Assembly Bill A507 would prohibit labelling plant-based dairy products as “milk products” such as milk, cream, yoghourt, butter, or cheese. Also, the Texas House passed a bill that would require all plant-based alternatives to include the word “imitation” on labels, but the Senate did not pass it.

The environment for plant-based alternatives continues to evolve; for food labelling assistance and advice on implementing the regulations around plant-based products, you can speak to our food regulatory consultants.

For more information, visit us.