FDA’s Revocation of 52 Food Standards of Identity: What It Means for Manufacturers

In July 2025, the FDA announced a sweeping regulatory update: the revocation or proposed revocation of 52 Standards of Identity (SOIs) for food products.

These standards, many dating back to the 1930s and 1940s, were originally designed to protect consumers from economic adulteration and ensure consistency in food labeling and formulation.

But with advances in food science, labeling transparency, and consumer protection laws, the FDA has determined that many of these standards are now obsolete.

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For food manufacturers, this move represents both a challenge and an opportunity. Understanding what’s changing and how to adapt is essential for staying compliant while embracing innovation.

What Are Standards of Identity?

Standards of Identity are regulatory definitions that specify what a food product must contain, how it must be processed, and sometimes how it must be labeled.

They were created to prevent deceptive practices, such as selling jam with little actual fruit or cheese made from non-dairy ingredients.

Examples of SOIs include:

• Cheddar cheese must contain at least 50% fat in the solids and no more than 39% moisture.

• “Milk bread” must include specific proportions of milk solids.

• “Frozen orange juice” must meet defined acidity and sugar content thresholds.

These standards are codified in 21 CFR Parts 131–169 and have historically served as a guardrail for food integrity.

Why Is the FDA Revoking These Standards?

The FDA’s decision is part of a broader initiative to modernize food regulation. According to FDA Commissioner Marty Makary, many SOIs “no longer serve to protect consumers” and may even “stifle innovation”.

Advances in food labeling, ingredient safety, and manufacturing practices have made many of these rigid “recipe standards” unnecessary.

The agency’s review concluded that:

• Many SOIs apply to products no longer sold in the U.S.

• Modern labeling laws provide sufficient transparency for consumers.

• Revoking outdated standards will reduce regulatory burden and promote innovation.

This action aligns with Executive Order 14192, which calls for the elimination of unnecessary regulations to promote economic growth and flexibility.

Which Standards Are Being Revoked?

The FDA’s action includes:

• A direct final rule revoking 11 standards for canned fruits and vegetables no longer sold in U.S. grocery stores.

• A proposed rule to revoke 18 standards for dairy products, including certain cheeses, frozen desserts, and milk-based items.

• A proposed rule to revoke 23 standards for other food categories, including:

  
  

  • Bakery products (e.g., milk bread)

  • Macaroni and noodle products (e.g., enriched vegetable noodles)

  • Canned fruit juices (e.g., frozen orange juice)

  • Fish and shellfish (e.g., Olympia oysters)

  • Food dressings and flavorings (e.g., vanilla-vanillin extract)

The full list is available in the Federal Register proposal.

What Does This Mean for Food Manufacturers?

1. Increased Flexibility in Formulation

Manufacturers will have more freedom to innovate with ingredients and processes. For example, removing the SOI for “milk bread” allows companies to use alternative dairy ingredients or plant-based substitutes without risking misbranding.

2. Continued Responsibility for Safety and Labeling

Revocation of SOIs does not mean deregulation. Products must still comply with:

• Ingredient safety requirements

• Nutrition labeling

• Allergen disclosures

• Good Manufacturing Practices (GMP)

3. Risk of Consumer Confusion

Without SOIs, manufacturers must be cautious about product naming and marketing. Misleading labels — even if technically legal — can trigger enforcement under general misbranding provisions.

4. Impact on Small Businesses

While the FDA believes the revocation will benefit small businesses by reducing regulatory complexity, companies must still invest in compliance infrastructure to ensure transparency and consumer trust.

BLG Compliance Guidance

As a regulatory attorney, I recommend that food companies take the following steps:

1. Review affected product lines: Identify any items that previously relied on SOIs for formulation or labeling.

2. Update internal documentation: Remove references to revoked standards and revise product specifications accordingly.

3. Reassess labeling practices: Ensure product names and claims remain truthful and not misleading in the absence of SOIs.

4. Engage with suppliers: Confirm ingredient sourcing and processing methods align with current FDA expectations.

5. Monitor rulemaking: The FDA has opened a comment period through September 15, 2025. Stay informed and consider submitting feedback if your business is impacted.

Final Thoughts

The FDA’s revocation of 52 food Standards of Identity marks a pivotal shift in how food products are regulated in the United States.

While the move offers greater flexibility, it also places more responsibility on manufacturers to ensure safety, transparency, and consumer trust.

At Bustos Law Group, we help food companies navigate these transitions with clarity and confidence.

Whether you’re reformulating a legacy product or launching something new, we’re here to support your compliance strategy every step of the way.