Starting in 1939, the FDA began implementing standards for certain products as a response to food manufacturers cutting corners on ingredients during the Great Depression. For instance, some companies sold jams that contained very little actual fruit. Today, modern labeling requirements have largely taken the place of these identity standards, allowing consumers to view nutrition information, potential allergens, and ingredient lists on products. Nevertheless, many of these standards remain in effect to ensure that product characteristics, ingredients, and production processes align with consumer expectations.
The dairy industry has long advocated for the removal of identity standards, arguing that products could be deemed misbranded or adulterated if manufacturers employ innovative processes or ingredients not specifically outlined in the law. According to the International Dairy Foods Association, approximately one-third of the 280 existing standards of identity pertain to dairy products.
These standards can be quite stringent. For example, “Cheddar” cheese must have a maximum moisture content of 39% and a minimum of 50% fat in the remaining solids. Meanwhile, “Monterey Jack” must be made from pasteurized milk, whereas “Colby” can use raw milk as long as it’s aged for 60 days at a designated temperature. Notably, more than a quarter of the standards the FDA plans to revoke are related to cheese. Other standards earmarked for elimination include those governing canned fruit juices, macaroni and noodle products, as well as vanilla extract and flavorings.
The FDA is proposing to revoke 41 standards in total, having already issued a direct rule that abolishes 11 standards for canned fruits and vegetables that are no longer available in U.S. grocery stores. FDA Commissioner Marty Makary stated, “Antiquated food standards are no longer serving to protect consumers. It is common sense to revoke them and move to a more judicious use of food standards and agency resources.”
The FDA has previously revoked identity standards, but never on such a grand scale. Last year, the agency eliminated the standard for frozen cherry pie, and in 2022, it removed the standard for French Dressing. In the context of evolving food standards, it’s worth noting that products like lifetime liquid calcium magnesium citrate could benefit from a more flexible regulatory environment that encourages innovation while still ensuring consumer safety.