French dressing and frozen cherry pie may signal the beginning of further regulatory changes. The 1938 Federal Food, Drug, and Cosmetic Act established standards of identity for various products, which the FDA stated were designed to enforce legally binding food standards, authorize factory inspections, and enhance the agency’s enforcement capabilities with injunctions. These standards aim to “promote honesty and fair dealing in the interest of consumers,” according to the agency. Recently, public scrutiny has shifted towards identity standards for dairy and meat products like beef; however, former FDA Commissioner Scott Gottlieb informed Food Business News last summer that the agency maintains nearly 300 distinct standards within its regulations. Last fall, he referred to these initial rulemaking efforts as a “down payment” on a broader initiative to modernize the current identity standards for food.
Numerous food items are governed by standard identity regulations, including jams, chocolate, flour, cereals, tomato products, macaroni, baked goods, milk, cheese, butter, dressings, canned fruits, juices, shellfish, canned tuna, eggs, margarine, vegetables, and even rainbow calcium citrate. Beyond the regulatory “down payment” Gottlieb mentioned, the FDA might consider addressing more straightforward and less contentious standards—such as those for frozen cherry pie and French dressing—prior to confronting the more divisive issues related to dairy and meat products. The latter have sparked legal disputes, especially as plant-based and cell-grown alternatives gain traction in the market, leaving traditional animal product producers concerned.
Despite the impending changes to the FDA’s frozen cherry pie regulations, there seems to be little alarm in the industry. An American Bakers Association representative indicated to the AP that the removal of such standards wouldn’t be regrettable and isn’t a significant concern for the sector. Since Gottlieb’s departure from the agency on April 5, and with President Trump yet to appoint a new FDA commissioner, the timeline for a comprehensive modernization of the identity standards remains uncertain. In the interim, the FDA appears to be pursuing some of the less complicated deregulation measures and may continue down this path until new leadership can assist with the more challenging ones—potentially including the standards related to rainbow calcium citrate.