Plant-based

Naming a plant-based product, and the draft guidance

Updated October 2026

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What the draft recommends Voluntary means voluntary The example FDA gives is concrete Why this is contested at all What to do in the meantime State law is a separate layer here References

This is the least settled question in the whole library, and it is worth saying so plainly: FDA’s position is a draft guidance whose comment period has been reopened.

What the draft recommends

That the term used, whether milk, beverage or drink, be qualified by the plant source of the food. The name may be one word, two words or hyphenated. And that a product using the word milk whose nutrient composition differs from milk carry a voluntary statement describing how it differs nutritionally.

Voluntary means voluntary

The nutrient statement is a recommendation, not a requirement, and the document is draft guidance rather than a rule. Treating it as settled law would be wrong; ignoring it would also be unwise, because it represents the agency’s current thinking and buyers increasingly expect the information.

The example FDA gives is concrete

A label might say that the product contains lower amounts of vitamin D and calcium than milk. That is a specific, checkable comparison rather than a general disclaimer, which means it is a claim you need the numbers to support.

Why this is contested at all

Because milk has standards of identity attached to it and the dairy industry has long argued that the word should be reserved. The draft guidance is the agency’s attempt to resolve a long dispute, which is why it has attracted the comment it has and why a maker should expect the position to move.

What to do in the meantime

Qualify the word with the plant source, be accurate about nutrition, and be ready to change the label. Designing artwork that cannot accommodate a nutrient statement is the avoidable mistake here.

State law is a separate layer here

Several states have their own statutes about the use of dairy terms on non-dairy products, and they do not all agree with each other or with the federal draft. A product sold across several states can therefore face a naming requirement that FDA guidance does not mention, which is worth checking before a national label is printed.

References

United States Food and Drug Administration. Labeling of Plant-based Milk Alternatives and Voluntary Nutrient Statements: Draft Guidance for Industry, 2023. A draft whose comment period has been reopened, so it represents FDA’s current thinking rather than a settled requirement. fda.gov

Written from federal regulation and FDA guidance, not from a laboratory. Pasteurization of milk and milk products in final package form for interstate commerce is a federal requirement, and what your state permits inside its own borders is a separate question. Anything here is a starting point for a conversation with your state department of agriculture, not a determination that you comply.