Consistent Egg Labels Act of 2025
This bill, titled the Consistent Egg Labels Act of 2025, would tighten enforcement around labeling of egg alternatives. It creates a new enforcement standard under the Federal Food, Drug, and Cosmetic Act (FD&C Act) that prevents foods marketed as "eggs" or "egg products" from being misbranded if they do not actually meet the legal definition of eggs or egg products. In practice, this means products that imitate eggs but don’t meet the official egg criteria could not use egg-related market names or labels in interstate commerce. The bill also requires the Department of Health and Human Services (specifically the FDA) to issue guidance on how this enforcement will work (draft within 180 days, final within one year) and instructs a congressionally mandated report within two years detailing actions, warnings, penalties, and plans for any misbranded foods sold across state lines. There is a narrow exception allowing the term “egg” or derivatives to be used if the product simply resembles an egg in shape and is not marketed as a substitute for real eggs. Overall, the bill aims to reduce consumer confusion between real eggs and egg alternatives by aligning labeling with legal definitions and signaling stronger regulatory oversight and accountability for misbranding.
Key Points
- 1New enforcement standard: Creates a specific misbranding rule under FD&C Act section 403(z) that applies when a food uses an egg or egg product market name and is intended as a substitute for eggs, but does not meet the official egg/egg product criteria.
- 2Definitions clarified: Defines what counts as an “egg” (the reproductive output of avian poultry with a calcium-based shell) and what counts as an “egg product” (per existing 21 CFR Part 160). It also defines the market names that trigger enforcement (egg-related terms in CFR Part 160, 9 CFR 590.5, or the common name “egg”).
- 3Labeling prohibition with scope: The act would bar interstate commerce of foods marketed with egg or egg product names that do not meet the egg criteria, effectively requiring accurate labeling to distinguish true eggs/egg products from substitutes.
- 4Carve-out for resemblance: Allows the use of the term “egg” or derivatives if the product merely resembles an egg in shape and is not marketed as a substitute for real eggs or egg products. This is a limited exception to avoid penalizing products that look like eggs but aren’t promoted as substitutes.
- 5FDA guidance and reporting: Requires the Secretary of Health and Human Services (via the FDA) to issue a draft guidance within 180 days and final guidance within 1 year on enforcement. It also requires a congressional report within 2 years detailing enforcement actions, warnings, penalties, and an updated plan if misbranded products remain in interstate commerce.