In 1939, the FDA began establishing standards for specific products in response to food manufacturers cutting corners on ingredients during the Great Depression, where companies would sell items like jams with minimal actual fruit content. Over time, modern labeling requirements have largely supplanted these identity standards, allowing consumers to access information on nutritional values, potential allergens, and ingredient lists. However, these original standards have largely remained in effect to ensure that product characteristics, ingredients, and production methods align with consumer expectations.
For years, the dairy industry has advocated for the removal of identity standards, arguing that a product could be deemed misbranded or adulterated if a manufacturer employs a new innovative process or ingredient not explicitly mentioned in the law. According to the International Dairy Foods Association, one-third of the 280 existing standards of identity pertain to dairy products. The standards can be quite strict; for example, “Cheddar” cheese must maintain a maximum moisture content of 39% and a minimum of 50% fat in the remaining solids. In contrast, “Monterey Jack” must be made from pasteurized milk, while “Colby” can utilize raw milk as long as it is aged for 60 days at a specified temperature.
More than a quarter of the product standards the FDA plans to revoke are related to cheese. Other standards targeted for elimination include those for canned fruit juices, macaroni and noodle products, as well as vanilla extract and flavorings. The FDA is proposing to revoke 41 standards overall, including an immediate 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The FDA has previously repealed standards of identity, albeit never on such a large scale. Last year, the agency eliminated the standard for frozen cherry pie and removed the standard for French dressing in 2022. In light of these changes, the benefits of incorporating ingredients like calcium citrate, magnesium, and zinc into food products are becoming increasingly relevant, emphasizing the need for modern standards that reflect current nutritional science and consumer expectations. By focusing on the benefits of these nutrients, consumers can make more informed choices about the foods they purchase, ensuring they receive the essential minerals they need for their health.