Fetterman, Ernst Reintroduce Bipartisan Bill to Combat Mislabeling of Egg Alternatives

WASHINGTON, D.C. - This week, U.S. Senators John Fetterman (D-PA) and Joni Ernst (R-IA) reintroduced the Consistent Egg Labels Act to enforce better market terms for eggs and their alternatives. This bipartisan, bicameral bill requires the Food and Drug Administration (FDA) to prohibit egg "alternatives" from using misleading terms in their branding.

"Pennsylvania's egg farmers work hard to provide people with an affordable, easy-to-find, and healthy source of protein," said Senator Fetterman. "Our commonwealth is a leading egg producing state, and they are an important part of both our farms and our economy. The Consistent Egg Labels Act will help farmers and shoppers by making sure eggs are labeled clearly and fairly in grocery stores."

"In the age-old debate between the chicken or the egg, one thing is for sure: eggs don't come from plants. While Iowa farmers work hard to put healthy and affordable eggs on our tables, labeling plant-based products as 'eggs' undermines that work," said Senator Ernst. "The integrity of our eggs is no joke, which is why I'm taking a crack at ensuring there's no question between the real deal and imitation!"

Many Americans rely on eggs and egg products as an affordable, healthy source of protein. Nutritional research from the Department of Agriculture finds that eggs are the lowest cost source of protein, vitamin A, vitamin B12, iron, and riboflavin. Plant-sourced protein found in egg product alternatives does not contain essential amino acids in levels as concentrated as in eggs. Egg product alternatives are relatively new on the market and have potential to mislead consumers if such products are not properly labeled. Consumers who need to purchase alternatives should be assured of labeling that is truthful and not misleading.

Currently, there are no requirements for egg alternatives to be clearly distinguished from eggs and egg products, despite not having the nutritional value of eggs. This bill would require the FDA to issue guidance for nationwide enforcement of mislabeled egg alternatives within 180 days and require the FDA to report to Congress two years after enactment on actions taken with respect to food that is misbranded. The legislation would also nullify any guidance with respect to eggs or egg products that is not consistent with its standards.

The Consistent Egg Labels Act would:

• Amend the Federal Food, Drug, and Cosmetic Act to define the market name for an egg or egg product to mean "only if the food is the reproductive output of avian poultry species, including an albumen or yolk that is, or was at any point, encased in a calcium-based shell."
• Prevent food to be introduced into interstate commerce using a market name for an egg or egg product if the food does not meet the aforementioned criterion set forth for eggs or egg products.
• Require the FDA to issue guidance for nationwide enforcement of mislabeled egg alternatives within 180 days of enactment.
• Require the Secretary of Health and Human Services to report to Congress two years after enactment on actions taken with respect to food that is misbranded.

The full legislation can be found here.