‘Yogurt’ to get more modernized definition in U.S.

Industry wants greater liberty to use term in labels as consumer tastes change

NEW YORK If low-fat yogurt is blended with fatty ingredients such as coconut or chocolate, is it still low-fat? Is it even yogurt?

The U.S. government has rules about what can be called “yogurt,” and the dairy industry says it’s not clear what the answers are. Now it’s hopeful it will finally get to use the term with greater liberty, with the Trump administration in the process of updating the yogurt definition.

The industry push to open up the yogurt standard illustrates how fraught it can be to define a food, especially as manufacturing practices and consumer tastes change.

Timothy Lytton, a professor of law at Georgia State University, notes the economic and political factors that determine food standards. “These are social constructions,” Lytton said.

Government standards exist for a range of packaged foods, mostly for one-time pantry staples such as bread, jam and canned peas. The standards were supposed to ensure a level of quality as mass production took hold decades ago.

But writing those rules sometimes turned into a bureaucratic nightmare — peanut butter’s definition took more than a decade — and regulators eventually stopped setting new standards. That’s part of the reason foods such as ketchup have rules, but others like mustard don’t.

The ongoing dispute over yogurt offers a taste of how sour things can get.

The U.S. Food and Drug Administration established a standard for foods labelled as “yogurt” in 1981 that limited its ingredients. The industry swiftly objected. The following year, the agency suspended enforcement on various provisions and allowed the addition of preservatives.

A never-finalized 2009 proposal offered a unified standard and allowed emulsifiers as well. The yogurt industry says that has cultivated confusion and left it vulnerable to lawsuits.

“What’s the rule? I mean, make a rule,” said Bailey Wood, spokesman for the International Dairy Foods Association, whose members include Chobani, Danone and Yoplait.

Adding to the confusion, the association says yogurt makers can opt to follow the 1981, 1982 or 2009 provisions in the absence of a final rule.

FDA Commissioner Scott Gottlieb is reviving the matter with plans to “modernize” the standards. Milk producers take it as a sign the agency will crack down on soy and almond drinks that call themselves “milk,” which the standards say comes from a cow.

Gottlieb has also called out yogurt as a category where there have been “innovations.” An FDA email from June obtained by The Associated Press through a public records request includes “rulemaking action” for yogurt, though the attachment with the details was not released.

In addition to finalizing a yogurt standard, the International Dairy Foods Association is renewing its push to get rid of the requirement that regular yogurt have at least 3.25 per cent milk fat. It says that causes confusion over products that mix low-fat yogurt with ingredients like coconut that push up the fat content.

The resulting product can be called neither “low-fat” nor “yogurt,” the association says.