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:

Naming: what works

ProductClearer nameRisky 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”
💡 FDA’s 2025 draft says a name like “plant-based burger” alone is less informative than naming the source. If there are several plant sources, name the predominant ones in the product name; all of them go in the ingredient list.

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

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.

Naming a plant-based product for the US?

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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FDA’s draft guidance accepts names like “soy milk” or “oat milk” that identify the plant source.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

Status checked on November 12, 2026. This article is general information, not legal advice.