Can You Label Your Food Vegan or Plant-Based? The FDA Rule
Vegan and plant-based move product, and sellers reach for them fast. Here is what surprises people: the FDA has never defined either one. That does not make them free to use. It makes them a truthfulness test, and there is a newer wrinkle for foods that stand in for meat or dairy.
There is no legal vegan or plant-based limit
Unlike organic or gluten-free, the FDA has not set a standard for vegan or plant-based. There is no percentage, no threshold, and no certification the government requires. That leaves you on your own judgment, and the only firm rule is the general one: a claim on a food label has to be truthful and not misleading.
Truthful and not misleading still has teeth
An undefined word is not a safe word. If you call a food vegan, a buyer reasonably reads that as no animal ingredients at all, including ones that hide, like honey, gelatin, whey, casein, or a dairy-based flavor. Cross-contact with animal products in a shared kitchen can make the claim misleading too. If you cannot stand behind it, leave it off.
Plant-based alternatives have a newer guideline
In January 2025 the FDA issued draft guidance for foods sold as alternatives to meat, dairy, or eggs. It recommends naming the plant source in the product name, like almond-based or soy-based, so a shopper is not confused about what they are buying. It is draft guidance, not a binding rule yet, but it signals how the FDA expects these products to read.
What Nutripane does and does not do
Nutripane builds your panel, ingredient list, and allergen line from your recipe, which makes it easy for a buyer to see there are no animal ingredients. It does not certify a vegan or plant-based claim, because that depends on your ingredients and your kitchen, not the layout. Make the claim only when your recipe and your process support it.
Questions
Is there an FDA definition of vegan or plant-based?
No. The FDA has not defined either term, so there is no legal threshold to meet. Using the word is a voluntary claim that still has to be truthful and not misleading, which means no hidden animal ingredients and no misleading cross-contact.
Do I need to prove a food is vegan to label it that way?
The FDA does not require certification, but you are responsible for the claim being true. Watch for animal-derived ingredients that are easy to miss, like honey, gelatin, whey, and some flavorings, and consider cross-contact in a shared kitchen before you print the word.
Keep reading
This page is general information, not legal advice. Cottage food and food labeling rules vary by state and change over time. Confirm current requirements with your state's cottage food program and the FDA before you sell. See your state's rules or how to label your product.