FDA Announces New Priorities for Guidance 

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Ervin Cohen & Jessup LLP

On January 31, 2022, FDA released a list of draft and final guidance topics that are a priority for the FDA Foods Program to complete during the next 12 months.

The guidance topics include several focused on plant-based labeling, so companies making these products should pay close attention to developments. Several topics are focused on food safety and risk reduction so are specific to developing guidance on action levels for lead and arsenic in juice and prevention of some specific foodborne illnesses. Other topics could have a significant effect on product labeling and claims.

Some of the guidance topics include:

  • Labeling of plant-based milk alternatives;
  • Labeling of plant-based alternatives to animal-derived foods;
  • Foods derived from plants produced using genome editing;
  • Questions and answers about dietary guidance statements in food labeling;
  • Policy regarding certain new dietary ingredients and dietary supplements subject to the requirement for pre-market notifications; and
  • Classifying food as ready-to-eat or not ready-to-eat.

FDA stated: “[w]e currently intend to develop guidance on each topic; however, the FDA Foods Program is neither bound by this list of topics nor required to issue every guidance document on this list. Several factors may impact FDA’s ability to issue the listed guidance, including, for example, new Administration priorities, emerging public health issues, or other extenuating circumstances. We are not precluded from issuing guidance documents on topics not on this list.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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