If you are thinking about developing a new cultured product, then it’s important to revisit the FDA Standards of Identity (SOI). Looking over years of new cultured product introductions in the United States, most of them are SOI products like yogurt, sour cream, cottage cheese, cream cheese, etc. 

As new dairy ingredients were commercialized, such as milk protein concentrate or ultrafiltered milk, many of them were not allowed in the existing SOI. If a company made a new yogurt using one of these ingredients, they could not call the product “yogurt,” but they could call it a “cultured product.” The same would be true if a company chose not to include the two required yogurt cultures, Streptococcus thermophilus and Lactobacillus delbrueckii subsp bulgaricus. 

Yogurt facts

A new standard for yogurt was proposed by the FDA in 2009, then amended and modernized in 2021 to allow for greater flexibility and technological advances in yogurt production. The initiative to amend the earlier standard was a part of the FDA’s Nutrition Innovation Strategy. The compliance date for the new SOI was January 1, 2024. The final rule expands the allowable ingredients in yogurt, including sweeteners such as agave, and reconstituted forms of basic dairy ingredients. It establishes a minimum amount of live and active cultures yogurt must contain to bear the optional labeling statement “contains live and active cultures,” if the yogurt contains at least 10⁷ colony forming units per gram (CFU/g) at the time of manufacture and 10⁶ CFU/g throughout the shelf life of the product, as listed by the “best by date.” 

For yogurt treated to inactivate viable microorganisms (such shelf-stable yogurt), the statement “does not contain live and active cultures” is required on the label. Additionally, the final rule supports innovations that have already been made in the yogurt marketplace, including continuing to allow manufacturers to fortify yogurts, such as adding vitamins A and D at levels not less than 10% daily value. The rule also allows various styles or textures of yogurt.

Though the amended standard seems more inclusive of the yogurts on the market today, the simple requirement of having a minimum of 8.25% milk solids not fat, eliminates a lot of products we see in the dairy case at our grocery store. Plant-based cultured products are a good example of a non-standard cultured product. There are many types of plants used for these products, including soy, coconut, almond, oats, cashew, peas, and more. Interestingly, most of the brands call themselves yogurt with one using the term yogurt alternative. Typically, these products rely on other ingredients such as starches and hydrocolloids to provide the yogurt-like texture, which automatically makes their ingredient listing longer than real yogurt. 

From an ingredient or nutritional standpoint, none of these plant-based products are equivalent to a yogurt that meets the SOI. Other products fall into the drinkable yogurt category, but the ones that don’t meet the standard are often called smoothies. The smoothie name is often given to products that have a higher fruit and/or vegetable content and a lower milk solids not fat.

Sour cream and cream cheese options

Looking at sour cream and cream cheese-like products, we find alternate names such as a dip or spread. Because dips and spreads will often have lower dairy solids and/or lower-cost dairy ingredients, they will also rely on starches and hydrocolloids to create the desired texture and stability. 

Because a dip or spread might not contain much actual cultured product or enough to provide the typical flavor, then it will be important to add dairy flavors to make them taste more like the SOI dairy product. In many cases, vegetable fat is used in the place of milkfat so it will be important to add flavors and the right melting point fat to provide the fatty flavor and mouthfeel. 

Though non-standard cultured products are more common and product developers have improved their flavor and texture, the SOI cultured dairy products are still the gold standard. U.S. regulators have made attempts to modernize our standards for products like yogurt, but protection of dairy names like milk and yogurt has not been a part of those regulations.