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Proposed Regulation of “Egg” Designation in Labeling

01/21/2024

Senators Joni Ernst (R-IA) and John Fetterman (D-PA) have introduced the Consistent Egg Labels Act that would restrict the use of the term “egg” to products derived from chickens.

 

This action is in response to the failure of the FDA to exercise its authority to regulate the labeling of either real egg products as opposed to plant-based alternatives. This deficiency is considered to potentially result in deception of consumers.

 

The proposed Consistent Egg Labels Act would “require the FDA to issue guidance for nationwide enforcement of labeling egg alternatives and to create accountability to Congress.”

 

Senator Ernst stated, “Our producers and farmers work hard to put high quality, nutritious eggs on consumers’ tables.  Labeling plant-based products as ‘eggs’ undermines that hard work.  I am committed to maintaining the integrity of real eggs in grocery stores on behalf of both consumers and farmers.” Chad Gregory president and CEO of United Egg Producers expressed gratitude for the leadership demonstrated by Senators Ernst and Fetterman stating, “Eggs are one of nature’s perfect foods and imitation products cannot compete with the unmatchable protein and nutrients found in eggs.”

 

Failure to enforce appropriate labeling is yet another deficiency of the FDA that has neglected its responsibility to regulate food.  Plant-based alternatives to real eggs have been marketed for decades without appropriate regulation.  A prime example is Just Egg and variations introduced by entrepreneur Josh Tetrick over twenty years ago without appropriate challenge and enforcement. 

 

Notwithstanding previous negative associations between cholesterol and eggs that ceased being a relevant consumer concern over ten years ago, there has been minimal uptake of plant-based alternatives. This is attributed to inferior organoleptic quality and above all non-competitive pricing of plant-based products. Despite the lack of competition from plant-based egg alternatives based on the lack versatility, price and inferior quality, the Consistent Egg Labels Act is a necessary protection for both farmers and consumers.