News

FDA Proposes Revoking Standards of Identity for 52 Food Products

18 July 2025

On July 16, 2025, the U.S. Food and Drug Administration (FDA) announced plans to revoke the standards of identity for 52 food products the agency characterizes as obsolete. To do this, FDA has issued three proposed rules and one direct final rule identifying the standards to be rescinded.¹ FDA categorizes the reasons for revoking the identified standards into four buckets: foods with little to no market in the U.S.; foods that would be covered by another standard except for a deviation that is described by an express nutrient content claim; standardized foods that include another standardized food in their name; and standardized foods that could be covered by a broader standard. FDA asserts these actions will provide additional flexibility needed to promote innovation and allow for heathier choices. The revocation of these standards also would provide the agency with additional flexibility for future rulemaking activities under the Trump Administration's 10-for-1 policy.

Standard of Identity History

In 1939, FDA began establishing food standards to promote honesty and fair dealing in food production by specifying the characteristics, ingredients, and production processes allowed for certain foods. These requirements are aimed at combating economic adulteration and ensuring consumers receive consistent products that meet their expectations. Since introducing the standard of identity framework, FDA has established more than 250 standards of identity for a variety of different types of foods.

Over the years, changes in food science, nutrition labeling, and ingredient listing have led FDA to conclude that certain standards of identity are no longer necessary to protect consumer interests. As a result and in relation to the announced proposed recissions, FDA is updating the standard of identity program with the goal of “maintaining the basic nature and essential characteristics of standardized foods while permitting flexibility with respect to their composition.”² Specifically, the revisions to the program include:

Establishing principles to clearly communicate the agency’s considerations in determining whether to establish, revise, or eliminate a food standard;
Updating individual standards of identity to ensure foods standards do not inadvertently stifle innovation; and
Updating standards of identity when doing so supports the production of healthier foods.

FDA Commissioner Marty Makary has commented that these updates are necessary because “many of these standards have outlived their usefulness and may even stifle innovation in making food easier to produce or providing consumers healthier choices.”³

Proposed Revocations

FDA issued four different rulemakings that would revoke the standards of identity for 52 different food products, including one direct final rule. The rulemakings each note that the deregulatory action is consistent with President Trump’s Executive Order directing executive departments and agencies to eliminate unnecessary and burdensome regulations,⁴ the Department of Health and Human Services’ (HHS) Request for Information seeking comment on which regulations are ripe for recission,⁵ and the 2011 Executive Order directing agencies to review existing regulations to identify those ripe to be rescinded.⁶

The full list of the proposed standards to be revoked is provided in Appendix A. These products cross a number of different product categories including milk and cream, cheeses and related cheese products, frozen desserts, bakery products, macaroni and noodle products, canned fruits, canned fruit juices, canned vegetables, fish and shellfish, and food dressings and flavorings. Across these products and the four different rulemakings, FDA categorized the reason for recission into four buckets:

Category 1 – Standardized food with little to no market in the U.S.;
Category 2 – Standardized food covered by another standard except for a deviation described by a nutrient content claim;
Category 3 – Standardized food that includes the name of another standardized food in its name; and
Category 4 – Standardized food that could be covered by a broader standard.

Notably, FDA issued both a direct final rule and a proposed rule covering 11 products from the canned fruits and vegetables product groups categorized as having little to no market in the U.S. The direct final rule would revoke these standards on September 22, 2025. However, if the agency receives significant adverse comments on the final rule, the companion proposed rule would allow the agency to continue to explore rescinding these standards without delay through the proposed rule process.

Broader Implications

In January, President Trump issued his “10-for-1” Executive Order, which directs agencies to identify at least ten existing regulations to be repealed for every regulation proposed during fiscal year 2025; states that the total incremental cost of all repealed and new regulations finalized this year will be “significantly less than zero;” and, states that any incremental costs associated with new regulations must be offset by the elimination of existing costs associated with at least 10 prior regulations.⁷ It is possible that FDA’s action to revoke these 52 standards of identities could provide flexibility to the agency to meet the expectations of the “10-for-1” Executive Order.

Although FDA’s actions address the identified 52 individual standards, they do not impact the 200 additional standards in the regulations and it is unclear whether FDA is planning to pursue further modernization of the standard of identity program. FDA has previously undertaken broader initiatives on food standards modernization, issuing joint Advanced Notices of Proposed Rulemaking (ANPR) with the U.S. Department of Agriculture Food Safety Inspection Service (FSIS) in 1995 and 2005, but the agencies have not formally revised their approach to food standards. FDA revisited modernization again in recent years with a public meeting in 2019 and reopening the 2005 docket in 2020. Industry has historically been supportive of modernization efforts and previously proposed a number of revisions to the standards program, such as allowing improvements to nutritional properties that do not rise to the level of a defined nutrient content claim (e.g., reducing sodium by 10% rather than requiring a minimum 25%). Although the current proposed revocations address the standards program, it remains to be seen whether FDA will take more sweeping action.

Next Steps

Comments on the proposed rule to revoke the standards of 18 dairy products and the proposed rule to revoke the standards for 23 foods are due 60 days after publication or September 15, 2025, and comments on the proposed rule covering the 11 products in the direct final rule are due 30 days after publication or August 18, 2025. Hogan Lovells is available to assist with comments on these standards as needed.

Authored by Elizabeth Fawell and Erin Pannek.

Appendix

List of Standards of Identity to be Revoked

Food Product	Regulation	Category	Rulemaking
Acidified milk	21 CFR 131.111	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Acidified sour cream	21 CFR 131.162	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Caciocavallo siciliano cheese	21 CFR 133.111	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Low sodium cheddar cheese	21 CFR 133.116	Category 1 - Standardized food with little to no market in the U.S. Category 2 - Covered by another standard except for a deviation described by a nutrient content claim	Proposed Rule
Low sodium colby cheese	21 CFR 133.121	Category 1 - Standardized food with little to no market in the U.S. Category 2 - Covered by another standard except for a deviation described by a nutrient content claim	Proposed Rule
Cold-pack cheese food with fruits, vegetables, or meats	21 CFR 133.125	Category 3 - Standardized food that includes the name of another standardized food in its name.	Proposed Rule
Cook cheese, koch kaese	21 CFR 133.127	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Cream cheese with other foods	21 CFR 133.134	Category 3 - Standardized food that includes the name of another standardized food in its name.	Proposed Rule
Gammelost cheese	21 CFR 133.140	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
High-moisture jack cheese	21 CFR 133.154	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Nuworld cheese	21 CFR 133.164	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Pasteurized blended cheese with fruits, vegetables, or meats	21 CFR133.168	Category 3 - Standardized food that includes the name of another standardized food in its name.	Proposed Rule
Pasteurized process cheese with fruits, vegetables, or meats	21 CFR 133.170	Category 3 - Standardized food that includes the name of another standardized food in its name.	Proposed Rule
Pasteurized process cheese food with fruits, vegetables, or meats	21 CFR 133.174	Category 3 - Standardized food that includes the name of another standardized food in its name.	Proposed Rule
Samsoe cheese	21 CFR 133.185	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Sap sago cheese	21 CFR 133.186	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Goat’s Milk Ice Cream	21 CFR 135.115	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Mellorine	21 CFR 135.130	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Milk bread, rolls, and buns	21 CFR 136.130	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Enriched macaroni products with fortified protein	21 CFR 139.117	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Milk macaroni products	21 CFR 139.120	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Nonfat milk macaroni products	21 CFR 139.121	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Enriched nonfat milk macaroni products	21 CFR 139.122	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Wheat and soy macaroni products	21 CFR 139.140	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Vegetable noodle products	21 CFR 139.160	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Enriched vegetable noodle products	21 CFR 139.165	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Wheat and soy noodle products	21 CFR 139.180	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Artificially sweetened canned apricots	21 CFR 145.116	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Artificially sweetened canned cherries	21 CFR 145.126	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Artificially sweetened canned figs	21 CFR 145.131	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Canned preserved figs	21 CFR 145.134	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Artificially sweetened canned fruit cocktail	21 CFR 145.136	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Canned seedless grapes	21 CFR 145.140	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Artificially sweetened canned peaches	21 CFR 145.171	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Artificially sweetened canned pears	21 CFR 145.176	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Artificially sweetened canned pineapple	21 CFR 145.181	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Frozen concentrate for artificially sweetened lemonade	21 CFR 146.121	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Frozen concentrate for colored lemonade	21 CFR 146.126	Category 3 - Standardized food that includes the name of another standardized food in its name.	Proposed Rule
Frozen orange juice	21 CFR 146.137	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Reduced acid frozen concentrated orange juice	21 CFR 146.148	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Canned concentrated orange juice	21 CFR 146.150	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Orange juice for manufacturing	21 CFR 146.151	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Orange juice with preservative	21 CFR 146.152	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Concentrated orange juice for further manufacturing	21 CFR 146.153	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Concentrated orange juice with preservative	21 CFR 146.154	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Canned field corn	21 CFR 155.131	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Canned dry peas	21 CFR 155.172	Category 1 - Standardized food with little to no market in the U.S.	Direct Final Rule; Proposed Rule
Olympia oysters	21 CFR 161.136	Category 4 - Standardized food that could be covered by a broader standard	Proposed Rule
Frozen raw lightly breaded shrimp	21 CFR 161.176	Category 4 - Standardized food that could be covered by a broader standard	Proposed Rule
Vanilla-vanillin extract	21 CFR 169.180	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Vanilla-vanillin flavoring	21 CFR 169.181	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule
Vanilla-vanillin powder	21 CFR 169.182	Category 1 - Standardized food with little to no market in the U.S.	Proposed Rule

1 Revocation of Food Standards for 11 Products Not Currently Sold, 90 Fed. Reg. 33268. Proposal To Revoke 18 Standards of Identity for Dairy Products, 90 Fed. Reg. 33334. Proposal To Revoke 23 Standards of Identity for Foods, 90 Fed. Reg. 33339. Revocation of Food Standards for 11 Products Not Currently Sold, 90 Fed. Reg. 33346.

2 Standards of Identity for Food, FDA (Jul. 16, 2025), https://www.fda.gov/food/nutrition-food-labeling-and-critical-foods/standards-identity-food?utm_medium=email&utm_source=govdelivery.

3 FDA to Revoke 52 Obsolete Standards of Identity for Food Products, FDA (Jul. 16, 2025), https://www.fda.gov/news-events/press-announcements/fda-revoke-52-obsolete-standards-identity-food-products?utm_medium=email&utm_source=govdelivery.

4 Exec. Order 14,192, 90 FR 9065 (Feb. 6, 2025).

5 HHS, FDA Issue RFI on Deregulatory Plan to Lower Costs and Empower Providers, FDA (May 13. 2025), https://www.fda.gov/news-events/press-announcements/hhs-fda-issue-rfi-deregulatory-plan-lower-costs-and-empower-providers?utm_medium=email&utm_source=govdelivery.

6 Exec. Order 13,563, 76 FR 3821 (Jan. 21, 2011).

7 Exec. Order 14,192, 90 FR 9065 (Feb. 6, 2025).