- Last month Chobani petitioned FDA to amend the standard of identity (SOI) for yogurt (21 CFR 131.200) to include ultrafiltered nonfat milk as a basic dairy ingredient. Currently, ultrafiltered milk is only permitted for more limited use as an optional dairy ingredient pursuant to the paragraph (c) provision allowing for other “safe and suitable milk-derived ingredients.”
- Although the yogurt SOI has been modified in a number of ways over the past few years, FDA previously rejected Chobani’s request regarding the addition of ultrafiltered milk as a basic dairy ingredient, citing an absence of supporting data. However, the agency indicated a willingness to consider the request in future and granted Chobani a temporary marketing permit (TMP) to collect additional data. Chobani’s new petition is supported by data and information obtained during its TMP period.
- Chobani’s petition aims to address the previously identified data gaps and argues that the use of ultrafiltered nonfat milk as a basic ingredient:
- Does not alter the basic nature and essential characteristics of yogurt.Modernizes the SOI and allows manufacturers additional flexibility and efficiency.Benefits consumers by providing them with a high protein, low-sugar and lactose-free option.
- Is consistent with international standards and FDA policy with other dairy products (e.g., standardized cheeses) and would advance FDA’s nutrition policy which seeks to reduce the population’s sugar intake.
- We will continue to monitor and report on this petition and other efforts to modernize SOIs.
© 2025 Keller and Heckman LLP
National Law Review, Volume XIV, Number 185