II 

118TH CONGRESS 

2D SESSION S. 3584 

To require enforcement against misbranded egg alternatives. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 11, 2024 

Mr. FETTERMAN (for himself, Ms. ERNST, Mrs. GILLIBRAND, and Mr. 

BRAUN) introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To require enforcement against misbranded egg alternatives. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Consistent Egg Labels 

5 Act of 2024’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds as follows: 

8 (1) Eggs and egg products are nutrient- and 

9 protein-rich foods that contribute to a healthy diet, 

10 according to the Dietary Guidelines for Americans, 

11 2020–2025 (referred to in this section as the ‘‘DieVerDate Sep 11 2014 15:43 Jan 13, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3584.IS S3584
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1 tary Guidelines’’) published by the Department of 

2 Agriculture and the Department of Health and 

3 Human Services. 

4 (2) Eggs and egg products are important 

5 sources of iron, zinc, protein, choline, and long chain 

6 polyunsaturated fatty acids. Long chain polyunsat7 urated fatty acids contribute to healthy brain devel8 opment for infants, according to the Dietary Guide9 lines. 

10 (3) Many Americans rely on eggs and egg prod11 ucts as an affordable, healthy source of protein. Nu12 tritional research from the Department of Agri13 culture finds that eggs are the lowest cost source of 

14 protein, vitamin A, vitamin B12, iron, and ribo15 flavin. Eggs provide Americans with an easy, inex16 pensive source of protein. 

17 (4) The protein found in eggs is highly digest18 ible and contains numerous essential amino acids. 

19 Plant-sourced protein found in egg product alter20 natives does not contain essential amino acids in lev21 els as concentrated as in eggs. 

22 (5) Egg product alternatives are relatively new 

23 on the market and have potential to mislead con24 sumers if such products are not properly labeled to 

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1 distinguish such products from products made from 

2 shell eggs. 

3 (6) Consumers purchase egg product alter4 natives for various reasons, including food allergies. 

5 Consumers who need to purchase alternatives should 

6 be assured of labeling that is truthful and not mis7 leading. 

8 SEC. 3. PURPOSE. 

9 No food may be introduced or delivered for introduc10 tion into interstate commerce using a market name for 

11 an egg or egg product if the food does not meet the cri12 terion set forth for eggs or egg products under paragraph 

13 (z)(2) of section 403 of the Federal Food, Drug, and Cos14 metic Act (21 U.S.C. 343) (as added by section 4(a)). 

15 SEC. 4. ENFORCEMENT OF DEFINITION. 

16 (a) IN GENERAL.—Section 403 of the Federal Food, 

17 Drug, and Cosmetic Act (21 U.S.C. 343) is amended by 

18 adding at the end the following: 

19 ‘‘(z)(1) If it uses a market name for an egg or egg 

20 product described in subparagraph (3) and the food does 

21 not meet the criterion for being an egg or egg product, 

22 as described in subparagraph (2). 

23 ‘‘(2) For purposes of this paragraph, a food is an 

24 egg only if the food is the reproductive output of avian 

25 poultry species, including an albumen or yolk that is, or 

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1 was at any point, encased in a calcium-based shell. For 

2 purposes of this paragraph, a food is an egg product only 

3 if the food is an egg product described in part 160 of title 

4 21, Code of Federal Regulations (or successor regula5 tions). 

6 ‘‘(3) A market name for an egg or egg product de7 scribed in this subparagraph means the egg or egg product 

8 terms described in part 160 of title 21, Code of Federal 

9 Regulations (or successor regulations), section 590.5 of 

10 title 9, Code of Federal Regulations (or successor regula11 tions), or the common and usual name for ‘egg’.’’. 

12 (b) GUIDANCE.— 

13 (1) NEW GUIDANCE.—The Secretary of Health 

14 and Human Services, acting through the Commis15 sioner of Food and Drugs, shall— 

16 (A) not later than 180 days after the date 

17 of enactment of this Act, issue draft guidance 

18 on how enforcement of the amendment made by 

19 subsection (a) will be carried out; and 

20 (B) not later than 1 year after the date of 

21 enactment of this Act, issue final guidance on 

22 such enforcement. 

23 (2) EFFECT ON CERTAIN PREVIOUS GUID24 ANCE.—Effective on the date of enactment of this 

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1 ucts issued by the Secretary of Health and Human 

2 Services, acting through the Commissioner of Food 

3 and Drugs, that is not consistent with paragraph (z) 

4 of section 403 of the Federal Food, Drug, and Cos5 metic Act (21 U.S.C. 343), as added by subsection 

6 (a), shall have no force or effect. 

7 (c) REPORT TO CONGRESS.—Not later than 2 years 

8 after the date of enactment of this Act, the Secretary of 

9 Health and Human Services, acting through the Commis10 sioner of Food and Drugs, and in consultation with the 

11 Secretary of Agriculture, acting through the Adminis12 trator of the Food Safety and Inspection Service, shall re13 port to Congress on actions taken with respect to food that 

14 is misbranded as described in paragraph (z) of section 403 

15 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 

16 343), as amended by this Act, including warnings issued 

17 pursuant to such paragraph and penalties assessed under 

18 section 303 of such Act (21 U.S.C. 333) with respect to 

19 such paragraph. If food that is misbranded under such 

20 section 403(z) is offered for sale in interstate commerce 

21 at the time of such report, the Commissioner of Food and 

22 Drugs shall include in such report an updated plan for 

23 actions to be taken with respect to such food. 

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