As previously reported, on December 21, 2020, FDA issued a proposed rule to revoke the standard of identity (SOI) for French dressing. The standard of identity for French dressing, codified at 21 C.F.R 169.115 (“French dressing”), was established in 1950 and amended in 1973. The proposed rule was issued, in part, as a response to a citizen petition filed by the Association for Dressing and Sauces arguing that the standard is outdated.

On January 12, 2022, FDA announced that it is finalizing the rule to revoke the SOI for French dressing. FDA has concluded that revocation of the standard will allow for more flexibility and greater innovation of products.  In its final rule, FDA notes that consumers have come to expect a French dressing that no longer conforms to the regulation. Rather, consumers expect French dressing products to contain tomato ingredients, as well as have a characteristic red color and sweet taste.  In addition, French dressing products are offered in lower-fat varieties and may contain less vegetable oil than the minimum amount established by the SOI.  Thus, FDA has concluded that the SOI no longer promotes honesty and fair dealing in the interest of consumers.

This final rule marks the first standard of identity-related final rulemaking in 2022 on FDA’s regulatory agenda, which also includes revocation of the frozen cherry pie standard of identity.