Understanding Vegan Food Labels with Karen Duester

Wondering what sorts of labeling laws impact vegan foods? We are answering your top questions on vegan food labels with food label expert Karen Duester.

Karen C. Duester, MS, RD, is President of Food Consulting Company, the largest outsource provider of nutrition analysis, food labeling and regulatory support in the U.S.  She is also the editor of the Company’s highly popular e-newsletter with nearly 8000 subscribers on what matters in food labeling.  Readers are welcome to subscribe at www.foodlabels.com/subscribe

What is the FDA criteria for labeling foods “vegetarian” or “vegan”?

Neither FDA nor FTC has any labeling regulations for vegetarian statements, other than being “truthful and not misleading.” The most conservative course of action is to ensure that the product is free of any animal-derived ingredient or ingredient components and use the term “vegan” when appropriate. This means that the product has no ingredients from animal origin such as milk, eggs, honey or gelatin.

Does FDA require animal food ingredients to be on the ingredients list in the case of processing activities, such as lubricating pans for baking?

Pan release agents are generally considered to be processing aids and therefore are typically exempt from ingredient statement labeling for FDA-regulated foods. However when release agents contain an allergen (milk, eggs, wheat, soybeans, peanuts, tree nuts, fish, and shellfish per the Food Allergen Labeling and Consumer Protection Act of 2004) the lubricant should be listed by the common or usual name in the ingredient statement.

Are there any labeling laws that can help vegetarians or vegans know if food products are okay for them per their dietary restrictions?

The Agency has not, and does not intend at this time, to develop regulatory definitions for the terms, “vegan” and “vegetarian.” The terms can be used on labels as long as they are truthful and not misleading.

Many in the vegan community do not consider honey to be vegan. Can a company legally make a vegan claim if the product contains honey?

Neither FDA nor FTC has any labeling regulations for vegetarian or vegan statements, other than being “truthful and not misleading.” A clarifying “contains honey” statement near the “vegan” call-out would help to ensure that the manufacturer is making truthful and not misleading statements while giving consumers the information they need.

Are there any new laws the FDA is considering that will help vegetarian and vegan consumers find food products that adhere to their specific dietary preferences?

FDA has said they won’t be defining vegan or vegetarian for the same reasons they are not involved in kosher certification; their view is that some people choose to follow vegan or other dietary practices for religious or moral reasons and with the separation of church and state they do not want to interfere.  That said, the Food Allergen Labeling and Consumer Protection Act (allergen labeling) makes it a lot easier for consumers to determine when any dairy or egg ingredients are in a product.  A product like non- dairy creamer for example might still have milk-derived casein in it, but now this casein must be identified as being derived from milk in either the Ingredient Statement or a separate Allergen (Contains) Statement.

What about dietary supplements—how can consumers know if these products are vegetarian or vegan?  

The same labeling laws pertain to dietary supplements as foods.  If a product is labeled vegan or vegetarian, a consumer can generally rely on this as being truthful because a company would not want to tarnish their reputation with this type of claim.