For the second time this week, FDA has proposed to revoke a standard of identity (SOI), this time for French dressing. (For our blog post on the proposed revocation of the frozen cherry pie standard of identity, see here.) FDA’s action is in part a response to a citizen petition submitted by the Association for Dressing and Sauces (ADS) in 1998.

The SOI for French dressing, which is codified in 21 C.F.R 169.115 (“French dressing”) was established in 1950 and most recently amended in 1974. FDA’s proposed withdrawal stems from its understanding that the market for salad dressing has significantly changed and that the standard of identity no longer serves to protect consumer’s expectations. Rather, FDA believe that consumers have come to expect a French dressing that no longer exactly conforms to the regulation. For example, while tomatoes or tomato derived ingredients are optional according to the French dressing SOI, FDA believes that the majority of consumers expect these ingredients to be present in a French dressing. Further, French dressing is sold in lower-fat varieties that contain less than the 35% by weight of vegetable oil required by the French dressing SOI.

As a result of these changes in the market, the FDA has tentatively concluded that revocation of the French dressing SOI would provide additional flexibility to the industry and encourage further innovation to produce dressings that align with consumer expectations. Comments on the proposed rule are due by March 22, 2021.