USDA FSIS: Availability of FSIS Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims (November 12, 2024)

The criteria set forth in FSIS Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims, FSIS-GD-2024-0006 (August 2024) (the “Guidance”), for substantiating animal-raising claims is not consistent between FDA and USDA.

Producers of both USDA and FDA regulated products make animal-raising claims on their labels, yet USDA has not aligned with FDA prior to issuance of this guidance, thereby creating confusion for industry and tension between sister agencies. Simply stating that the USDA guidance does not apply to FDA related product labeling is not sufficient to allay the important business concerns that retailers have about regulatory compliance, consumer understanding, and a fair playing field for all products, particularly with respect to products derived from foods over with FDA and USDA share jurisdiction. In order for the industry to comply with all labeling regulations, consistency is needed between agencies.