After ready 1,333 days for FDA to answer our Citizen Petition requesting the company require feed grade ingredient disclosure on pet meals labels – the FDA refused our request. The official strategy of petitioning the FDA permits for a Petition for Reconsideration.
We filed our Petition for Reconsideration with the FDA on 4/13/26. To learn the complete Petition for Reconsideration Click on Right here.
In our petition for FDA to rethink, we argued a number of points from their response to our Citizen Petition. As instance, in FDA’s response the company alluded they didn’t have a full understanding of feed grade; “Based mostly in your petition, we are going to assume you imply ‘feed grade’ to be any amenable species (e.g., beef) not in conformance with the Federal Meat Inspection Act (FMIA) or any poultry product (e.g., hen) not in conformance with the Poultry Merchandise Inspection Act (PPIA).”
However…we reminded the company they’re absolutely conscious of the authorized definition of feed grade, reminding them “that FDA representatives participated within the AAFCO course of to legally outline Feed Grade and Human Grade.” We additionally reminded FDA that an company consultant (Dr. Charlotte Conway) said in a public assembly “that human meals grade is the next normal than animal feed grade”.
A difficulty FDA repeated quite a few occasions of their response to our Citizen Petition was that the company doesn’t consider there’s a dietary distinction between (as instance) feed grade condemned hen and USDA inspected and handed hen. The FDA additionally repeatedly argued towards pet meals label disclosure of feed grade substances by claiming we (Affiliation for Fact in Pet Meals) didn’t show shoppers are being misled by feed grade pet meals with photos of roasted hen or grilled steak on the label or by labels with claims of ‘Made with Actual Rooster’.
Our reconsideration request included the next:
“We had been unaware that it was wanted to proof to FDA one thing so blatantly apparent, shoppers affected by financial adulteration straight as a consequence of non-disclosure of feed grade substances. We’re assured the company has seen hundreds of pet meals labels that embody photos of human grade meat, deceptive the customer. The company has had a selection for years to implement labeling legal guidelines that prohibit such deceptive labeling, however the company as taken no motion to guard shoppers.”
“We request FDA present the pet proudly owning public with proof that helps your perception that pet meals shoppers absolutely perceive that animal meals hen CAN BE (allowed by means of FDA enforcement discretion) very totally different from USDA inspected and handed hen. Ought to the company fail to supply proof that pet meals shoppers absolutely perceive that condemned hen in pet meals ‘solely applies to pet meals’, (failure to supply proof) will assist our request for label transparency.”
Concerning FDA’s arguments that they consider there’s “no distinction” between condemned meat and USDA inspected and handed meat, our reconsideration request included the next:
We quoted federal regulation (that was additionally quoted in our Citizen Petition) – particular to animal meals – that clearly evidences authorized basis for label disclosure of feed grade substances. PART 502—COMMON OR USUAL NAMES FOR NONSTANDARDIZED ANIMAL FOODS: “The frequent or standard title of a meals, which can be a coined time period, shall precisely establish or describe, in as easy and direct phrases as potential, the essential nature of the meals or its characterizing properties or substances. The title shall be uniform amongst all equivalent or related merchandise and is probably not confusingly just like the title of every other meals that isn’t fairly encompassed throughout the identical title. Every class or subclass of meals shall be given its personal frequent or standard title that states, in clear phrases, what it’s in a approach that distinguishes it from totally different meals.”
Our reconsideration request argued: “It’s illogical to consider that USDA inspected and handed (as instance) hen is ‘equivalent or related’ to condemned hen or hen that has died in any other case than by slaughter. By the straightforward truth one other federal company (USDA) has formally condemned this materials is affirmation condemned hen is NOT fairly encompassed throughout the identical title. We argue if condemned hen is equivalent or just like USDA inspected and handed hen, then condemned hen could be bought for human and animal consumption.”
“For the company to make the assertion of their response ‘now we have no cause to suppose that there’s such a distinction’ between these two considerably totally different qualities of hen is illogical, disrespectful of USDA authority, and utterly unfounded. We request the company present US pet homeowners with scientific proof to verify ‘there isn’t any distinction’ or present US pet homeowners with label transparency disclosing use of feed grade substances.”
Our reconsideration request additionally identified to FDA that their very own lack of enforcement of federal regulation contributes to the issue of deceptive pet meals labels. Federal regulation particular to animal meals: Title 21, Chapter I, Subpart E, Half 501.18: “Misbranding of animal meals. (b) Amongst representations within the labeling of a meals which render such meals misbranded is a false or deceptive illustration with respect to a different meals or a drug, gadget, or beauty.”
We argued within the reconsideration request (particular to above regulation): “As a consequence of FDA lack of enforcement of deceptive labels, pet meals producers have for years displayed photos of grilled or roasted meats alluding by means of photos their merchandise are of a distinct high quality (deceptive illustration with respect to a different meals). And as we evidenced in our Petition, many pet meals labels embody the deceptive advertising assertion ‘Made with Actual Rooster’ or ‘Made with Actual Beef’, once more a deceptive illustration of a feed grade ingredient to a human grade ingredient.”
“By means of FDA lack of enforcement, the company has allowed pet meals producers to mislead the general public. Feed grade hen sourced from diseased poultry or poultry that has died in any other case than by slaughter is completely an inferior imitation of USDA inspected and handed hen. With a view to stop shopper financial adulteration the 2 substances ought to have totally different names, federal regulation requires it.”
We requested the company to answer our reconsideration request inside 45 days (in spite of everything…now we have already waited 1,333 days for his or her preliminary response).
Our Petition for Reconsideration is a step within the course of we’re due by means of federal regulation. After this step is full (45 days), the one different step now we have is a lawsuit. We’ll hold pet homeowners posted.
To learn the preliminary Citizen Petition Click on Right here.To learn FDA’s full response to our Citizen Petition Click on Right here.To learn our Petition for Reconsideration Click on Right here.
Susan ThixtonPet Meals Security AdvocateAuthor Purchaser Beware, Co-Writer Dinner PAWsibleTruthaboutPetFood.comAssociation for Fact in Pet Meals
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