Regulatory

Last week, plant-based cheese and butter maker Miyoko’s Creamery emerged victorious in what could be a landmark legal case for dairy and meat alternative CPG brands. Citing the company’s first amendment rights, a California judge ruled the company can continue to use terms such as “butter,” “lactose-free” and “cruelty-free.” However, while the case could provide plant-based brands with some much needed legal precedent to defend the practice of using meat and dairy terms on their labels, the fight ahead is anything but cut and dried.

Citing concerns about unproven claims and potential violations of the Federal Food, Drug and Cosmetic Act, the Food and Drug Administration released warning letters this week that it had sent to a pair of food brands that offer children exposure to allergens in the hopes of warding off allergic reactions later in life. The agency gave both SpoonfulOne and Ready, Set Food! 15 days to reply to the letters or else risk legal action.

The FDA last week published a long awaited proposed rule requiring producers and processors of “high-risk” foods to keep more detailed records to improve supply chain traceability. While the agency believes an industry-wide standard for tracing high-risk foods could help identify an outbreak’s source 84% faster, reducing illnesses and costly recalls, the plan could require additional capital investments from some food producers, and the FDA is debating whether small companies should be exempt.

A proposed rule by USDA, ‘Strengthening Organic Enforcement,’ aims to curb organic fraud via more oversight of the organic marketplace, including production, handling and sales. If implemented, it would be the largest update to organic oversight in 20 years.

Following the ongoing relaxation of GMO labeling laws by the USDA, a coalition of industry members led by the Center for Food Safety last week sued the agency, noting that a lack of regulation over the growing biotech industry is threatening the ability to provide transparency in food and beverage products — something consumers increasingly want.

In a test of 200 CBD products the FDA found many contained CBD levels inconsistent with their labels — though not explicitly unsafe. The overall variability points (again) to what brands, researchers and advocacy organizations say is the bigger problem: lack of regulation in the budding industry.

The FDA has “a new mindset” for managing the food system and on Monday released its New Era of Smarter Food Safety Blueprint. In an update last month, the FDA outlined the initiative, noting it had been tweaked based on the food supply chain’s challenges during the pandemic.

After the FDA last month released temporary guidance to allow companies to make “minor” ingredient substitutions without labeling changes, Food Allergy Research and Education (FARE) and other industry groups have advocated on behalf of consumers with allergies for greater transparency.

The Sugar Association wants the FDA to issue stricter labeling guidance on alternative sweeteners in order “to stop misleading claims about added sugars content.” But industry stakeholders argue that product labels are transparent enough, and consumers aren’t confused or concerned.

In light of recent supply chain issues during the COVID-19 pandemic, the FDA has adjusted its New Era of Smarter Food Safety initiative, including added priorities for worker safety and predicting potential food system disruptions, and a greater emphasis on safe food delivery to consumers.