The FDA has announced plans to eliminate or propose eliminating Standards of Identity (“SOIs”) for 52 food items, stating that many of these regulations are outdated. These standards, which have existed since 1939, define what ingredients and production methods are required for certain foods like milk, peanut butter, ketchup, and jam.
FDA Commissioner Martin Makary said that due to advancements in food science and consumer protections, many of these rules are no longer necessary. The goal is to give food manufacturers more flexibility. For instance, eliminating the jam standard would remove the requirement for a minimum fruit content in products labeled as jam.
Health and Human Services Secretary Robert F. Kennedy Jr. supported the decision, calling it a move to remove regulations that no longer serve the public.
The FDA’s proposal includes:
- Immediately revoking standards for 11 canned fruits and vegetables no longer sold in the U.S. (See Revocation of Food Standards for 11 Products Not Currently Sold, which is effective September 22, 2025 unless FDA receives “significant adverse comment” by August 18, 2025.)
- Proposing to revoke standards for 18 dairy products and 23 other food categories, including bakery items, frozen desserts, pasta, and seafood. (See Proposal To Revoke 18 Standards of Identity for Dairy Products and Proposal To Revoke 23 Standards of Identity for Foods. Both proposed rules have comment periods through September 15, 2025.)
Current SOIs for many products are found in federal regulations (21 C.F.R. Parts 131–169). Affected categories include milk, cheese, canned and frozen fruits and vegetables, cereal products, eggs, chocolate, nuts, margarine, and flavorings.
Impact on the Alcohol Beverage Industry
While these changes are generally not directed toward traditional alcohol beverages, they may impact companies developing non-traditional alcohol and alcohol-adjacent products:
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Low-Alcohol Wines, Non-Malt Beers, and Non-Alcoholic Products: As producers innovate with low-alcohol wines, non-malt beers (or beers otherwise not meeting the definition of “malt beverage”), and non-alcoholic products that are generally subject to the labeling jurisdiction of the FDA, greater flexibility in food standards could ease the way for clearer market pathways.
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Impact on Ingredient Disclosure: SOIs for ingredients like sweeteners, juices, and flavorings that commonly appear in hard seltzers, RTDs, or similar alcohol beverages could impact product labeling. This is particularly interesting at a point in time when TTB is considering the addition of an ingredients statement to products falling within TTB’s labeling jurisdiction.
Producers should monitor these changes closely, particularly if they are launching functional beverages, fermented alternatives, or non-traditional formats that do not cleanly fall under TTB or FDA oversight.
For questions related to alcohol beverage law, food labeling, regulatory compliance, or related matters, please contact Lindsey Zahn at Lindsey Zahn P.C. to learn more about how we can assist your business.
DISCLAIMER: This blog post is for general information purposes only, is not intended to constitute legal advice, and no attorney-client relationship results. Please consult your own attorney for legal advice.
