Reed Smith Client Alerts

Key takeaways

  • New rules take effect on January 1, 2024 for yogurt labeling.
  • The FDA has listed several changes that will implicate many yogurt products on the market.
  • Stakeholders should ensure compliance with the new rules by the implementation date to best mitigate risk.

Auteurs: Cori Annapolen Goldberg Elliott D. Race

The new standard

The FDA has issued a final order to amend the standard of identity for yogurt, with an implementation date of January 1, 2024. Currently, the FDA has separate standards of identity for yogurt, lowfat yogurt, and nonfat yogurt. Under the new rule, lowfat yogurt and nonfat yogurt will be covered under the general standard of identity which will allow nutritionally modified versions of yogurt to fall under the standardized definition.

The new standard will allow the use of all safe and suitable sweeteners, permit the use of fat-containing flavors in lower-fat yogurt, and make the minimum optional fortification of Vitamin D 10% of the Daily Value. The rule also outlines several other important changes: