On July 21, 2022 we filed a Citizen Petition with FDA requesting the company abide by federal regulation in regulating pet meals. Particularly we quoted quite a few federal legal guidelines in reference to deceptive pet meals ingredient names.
Our intent with submitting this Citizen Petition was to nudge the FDA (via correct process) to supply pet meals shoppers with transparency to what’s included within the pet meals merchandise they buy. We requested the FDA require pet meals producers to incorporate the time period ‘feed grade’ on the label if the ingredient(s) doesn’t meet the authorized necessities of meals.
We offered the FDA with the instance of ‘rooster’ utilized in pet meals. Our Petition said: “the feed grade pet meals ingredient ‘rooster’ which doesn’t conform to the Poultry Merchandise Inspection Act holds the identical widespread or normal identify as ‘rooster’ that does conform to the Poultry Merchandise Inspection Act – thus it’s ‘confusingly comparable’ to a different meals. Authorized basis requires it to be given its personal widespread or normal identify that distinguishes it from totally different meals.”
The regulation we quoted to FDA, that’s particular to animal meals states:
“The widespread or normal identify of a meals, which can be a coined time period, shall precisely determine or describe, in as easy and direct phrases as attainable, the fundamental nature of the meals or its characterizing properties or elements. The identify shall be uniform amongst all an identical or comparable merchandise and might not be confusingly just like the identify of another meals that isn’t moderately encompassed inside the similar identify. Every class or subclass of meals shall be given its personal widespread or normal identify that states, in clear phrases, what it’s in a manner that distinguishes it from totally different meals.”
However…FDA stated “no”. Repeatedly, the company stated “no”. Simply considered one of their many no’s: “we don’t suppose that elements that conform to definitions that clearly apply solely to animal meals are an imitation of elements outlined by the PPIA (Poultry Merchandise Inspection Act).”
The FDA’s response operates below the premise that when “rooster” seems on a pet meals label, shoppers perceive it to imply “pet meals rooster“—a definite and completely totally different product from the ‘rooster’ they’re aware of.
The FDA response operates on the premise that pet meals shoppers, regardless of seeing attractive labels with pictures of grilled or roasted rooster and the slogan “Made with Actual Hen,” perceive that “actual” within the context of pet meals is a non-literal time period.
One of many arguments we made in our Petition, was the dietary variations between USDA inspected and handed rooster and condemned, diseased rooster. A dietary distinction between these two very totally different qualities of elements would require the inferior ‘rooster’ to have a unique ingredient identify. Legislation particular to animal meals states:
Title 21, Chapter I, Subpart E, Half 501.3 Id Labeling of Animal Meals in Packaged Type“(1) A meals shall be deemed to be an imitation and thus topic to the necessities of part 403(c) of the act if it’s a substitute for and resembles one other meals however is nutritionally inferior to that meals.”“(4) Dietary inferiority contains:(i) Any discount within the content material of an important nutrient that’s current in a measurable quantity.”
We argued there’s certainly a dietary distinction between USDA inspected and handed rooster and condemned, diseased rooster. FDA responded with:
“we’ve got no purpose to suppose that there’s such a distinction.”
Their response – signed by FDA veterinarian Dr. William T. Flynn, Deputy Middle Director – is regulatory madness. It’s insane to conclude there aren’t any dietary variations between condemned, diseased meat and USDA inspected and handed meat.
The company’s perception that tens of millions of U.S. pet meals shoppers perceive that pictures of roasted rooster or label claims like “Made with actual rooster” are meaningless is each naive and absurd.
We aren’t executed with this challenge, we don’t settle for FDA’s absurd response. We will likely be consulting with trusted people and can resolve what our response will likely be. When that’s determined, we’ll alert pet homeowners.
To learn FDA’s full response to our Citizen Petition Click on Right here.
To learn the preliminary Citizen Petition Click on Right here.
To share your opinion with FDA relating to this Citizen Petition, Docket No. FDA-2022-P-1643 you possibly can e mail the company at: AskCVM@fda.hhs.gov (word – reference the docket quantity in your e mail).
Susan ThixtonPet Meals Security AdvocateAuthor Purchaser Beware, Co-Creator Dinner PAWsibleTruthaboutPetFood.comAssociation for Fact in Pet Meals
Discover Wholesome Pet Meals in Your Space Click on Right here
The 2026 ListOur trusted ‘checklist’ of pet meals. Click on Right here to study extra.
The 2025/26 Deal with ListSusan’s Record of trusted pet deal with producers. Click on Right here to study extra.
Affiliation for Fact in Pet Meals is a stakeholder group representing pet meals shoppers at AAFCO and with FDA. Your membership helps representatives attend conferences and voice client issues with regulatory authorities. Click on Right here to study extra.
