In 2018, when former FDA Commissioner Scott Gottlieb famously commented that "an almond doesn't lactate," he was adding perhaps the most colorful volley in a long-simmering debate about how the Food and Drug Administration (FDA) should regulate the labeling of plant-based milk alternative (PBMA) products. In February 2023, nearly five years later, FDA finally announced draft guidance relating to the naming and voluntary nutrient statements of PBMA products.1
This new draft guidance is meant to address criticism from both sides of industry about the lack of clarity from FDA regarding the labeling of PBMAs. FDA's draft guidance was informed by a September 2018 Request for Information on plant-based dairy product labeling that elicited over 13,000 public comments, as well as research demonstrating that, while most consumers understand PBMAs do not contain milk, they are generally less informed about the nutritional differences between milk and its plant-based alternatives.
The draft guidance proposed clarifications on several issues that have been the subject of substantial industry debate. There is no "standard of identity" for plant-based milk alternatives in federal law, so plant-based milks must bear the common or usual name of the food. The draft guidance acknowledges that, for many plant-based milks, the common or usual name of the product includes the word "milk." If finalized, the draft guidance would clarify that, while a standard of identity has been established for milk, that standard of identity does not preclude another food from using "milk" in the label. However, the use must not be misleading, and FDA proposed several recommendations to ensure plant-based milk...
