The short answer
Plant-based milks, cheeses, “meats”, egg substitutes and seafood alternatives can be sold in the U.S. under familiar names — but FDA wants the label to make the plant source clear. Two FDA guidances set out its thinking, and both are still drafts in November 2026:
- Plant-based milk alternatives (February 2023 draft): names such as “soy milk” and “almond milk” are established by common usage, and FDA recommends a voluntary nutrient statement comparing the product with dairy milk.
- Plant-based alternatives to animal-derived foods (January 7, 2025 draft; comments closed May 7, 2025): the predominant plant source should be in the product name — for example “soy-based cheddar cheese” or “black bean mushroom veggie patties”.
Naming: what works
| Product | Clearer name | Risky name |
|---|---|---|
| Oat drink | “Oat milk”, “oat beverage” | “Milk” alone |
| Cashew cheese | “Cashew-based cheddar-style cheese alternative” | “Cheddar” |
| Pea-protein burger | “Pea protein burger”, “plant-based burger made with pea protein” | “Beef-style burger” with no plant source |
| Mung bean egg substitute | “Mung bean-based egg alternative” | “Scrambled eggs” |
| Konjac “shrimp” | “Konjac-based shrimp alternative” | “Shrimp” |
The voluntary nutrient statement for plant milks
If a plant-based milk alternative is called “milk” and its nutrients differ from dairy milk, FDA recommends a statement such as “Contains lower amounts of vitamin D and calcium than milk”, based on the nutrients in USDA’s criteria for fluid milk substitutes (calcium, protein, vitamins A and D, and others). This is a recommendation, not a requirement.
Rules that apply now
- Standards of identity: standardized names such as “cheddar cheese” or “milk” describe dairy foods. Using them for a plant product without a qualifier can be misleading.
- Allergens: soy, tree nuts (almond, cashew, coconut), wheat (seitan) and peanuts are common in plant-based products and must be declared. See the 9 major allergens.
- Nutrition Facts and the ingredient list follow the normal rules; fortification must be declared.
- Claims like “high protein” or “good source of calcium” must meet FDA definitions.
- Meat-free does not mean FDA-only: a product that contains real meat or poultry — even a hybrid — may fall under USDA. See FDA or USDA?
Example: oat milk from Sweden and a jackfruit product from Thailand
A Swedish oat drink brand names its U.S. product “Oat Milk”, adds “Contains lower amounts of protein and vitamin D than milk” to the side panel and declares its added calcium in the Nutrition Facts. A Thai company sells shredded jackfruit in barbecue sauce as “Jackfruit pulled ‘pork’ alternative” with “made from jackfruit” prominent, and checks the sauce for allergens and permitted colors.
Advanced food label review with claims $750. Standard review with Nutrition Facts $550. FDA food facility registration with U.S. Agent from $300.
Frequently asked questions
Can I call a plant-based drink “milk” in the US?
FDA’s draft guidance accepts names like “soy milk” or “oat milk” that identify the plant source. It recommends a voluntary statement if the product’s nutrients differ from dairy milk.
Are FDA’s plant-based labeling guidances final?
No. The plant-based milk guidance (February 2023) and the plant-based alternatives guidance (January 2025) were still drafts as of November 2026.
Can I use “cheese” or “burger” for a plant-based product?
FDA’s draft says such terms can be used if the name also makes clear the product is plant-based and names the plant source, so consumers are not misled.
Is a plant-based meat product regulated by USDA?
Not if it contains no meat or poultry; it is FDA-regulated. Hybrid products with meat may be USDA-regulated.
Sources
- FDA — Plant-based milk and animal food alternatives
- FDA — Draft guidance: Labeling of plant-based alternatives to animal-derived foods (January 2025)
- Federal Register — Notice of availability, January 7, 2025
Status checked on November 12, 2026. This article is general information, not legal advice.