Consistent Egg Labels Act of 2025
The Consistent Egg Labels Act of 2025 would add a new enforcement framework to the Federal Food, Drug, and Cosmetic Act to prevent misbranding of egg substitutes and other egg-labeled products. Specifically, it bars the introduction or delivery of any food into interstate commerce under an egg or egg product market name unless the food actually meets the federal definitions of “egg” or “egg product.” The act defines what counts as an egg or an egg product and what market names are considered when applying the rule. It also requires FDA to issue guidance on how to enforce these provisions, overrides conflicting older guidance, and mandates a two-year reporting timeline to Congress on actions taken against misbranded egg products and a plan for further action if misbranding persists in interstate commerce. The overall aim is to ensure labeling is truthful and not misleading, particularly for consumers who rely on clear labeling for allergies or dietary choices.
Key Points
- 1Enforcement against misbranding: The bill adds a new misbranding provision to the FD&C Act (section 403(z)) stating that using an egg or egg product market name for a food that does not meet the defined criterion for “egg” or “egg product” is misbranding.
- 2Definitions of egg and egg product: An “egg” is the reproductive output of avian poultry with a calcium-based shell (albumen or yolk included). An “egg product” is defined by the applicable regulatory descriptions found in 21 CFR Part 160 (and related CFR references in 9 CFR 590.5). Market names include those in 21 CFR Part 160, 9 CFR 590.5, or the common and usual name “egg.”
- 3Guidance and implementation: The Secretary of Health and Human Services, via the Commissioner of FDA, must issue draft guidance within 180 days and final guidance within 1 year after enactment on how to enforce the new provisions.
- 4Superseding prior guidance: Any FDA guidance inconsistent with the new provisions, as of enactment, would have no force or effect.
- 5Reporting to Congress and enforcement plan: Within 2 years, HHS (through FDA) and USDA (through FSIS) must report actions taken against misbranded foods, including warnings and penalties, and provide an updated plan if misbranded egg products are still offered in interstate commerce.