21 CFR 101.3 requires the statement of identity — the name of the food — to appear on the principal display panel (PDP) of every packaged food. It is one of the mandatory elements that must appear on the PDP specifically, not just anywhere on the label.

What Is the Statement of Identity

The statement of identity is the name of the food as it must appear on the label. It tells the consumer what the product is. A fanciful trade name or brand name (e.g., "Sunshine Boost") does not satisfy the statement of identity requirement — the actual food name ("Vitamin C Supplement" or "Orange Flavored Drink") must also appear.

Under 21 CFR 101.3(b), the statement of identity must use one of the following, in order of preference:

1. The name prescribed by applicable federal law or regulation — if a federal standard of identity establishes the name, that name must be used

2. The common or usual name of the food — if no federally prescribed name exists, use the name established by common usage

3. An appropriately descriptive term — if neither of the above exists, use a term that accurately describes what the food is

Standardized Foods

For foods covered by FDA standards of identity (codified in 21 CFR Parts 131–169), the statement of identity must use the standard of identity name. A product that meets the standard of identity for "yogurt" must be labeled "yogurt," not "cultured milk product." A product that nearly meets the standard but omits a required ingredient must either conform to the standard or be labeled differently (e.g., "imitation yogurt" or a descriptive term that does not suggest conformance to the standard).

Common or Usual Names

For foods without federal standards of identity, the common or usual name is the name established by common usage in the marketplace. FDA's 21 CFR Part 102 provides specific common or usual name requirements for certain food categories including:

• Nonstandardized dressings and mixtures

• Seafood and shellfish products

• Nut and peanut products

• Sweeteners and flavored beverages

Where 21 CFR Part 102 specifies a common or usual name, that name controls.

Descriptive Terms

When no prescribed or established name exists, the statement of identity must be an appropriately descriptive term — a phrase that accurately conveys the nature of the food to the consumer. The descriptive term must not be misleading. A product that is primarily water with minimal fruit juice cannot be described simply as "fruit juice" — a more accurate description such as "fruit-flavored water beverage" would be required.

Placement Requirements

Under 21 CFR 101.3(d), the statement of identity must appear on the principal display panel — the label panel most likely to be displayed to the consumer at retail. It cannot appear only on the information panel, the back panel, or elsewhere on the package.

The statement of identity must be:

• Parallel to the base of the package — not rotated, diagonal, or vertical

• Prominently displayed — in a type size reasonably related to the most prominent printed matter on the PDP

• In bold-face type — to distinguish it from other text on the PDP

Type Size for the Statement of Identity

Under 21 CFR 101.3(d), the statement of identity must be in bold-face type in a size reasonably related to the most prominent printed matter on the PDP. There is no absolute minimum type size (unlike the 1/16 inch minimum for information panel text under 21 CFR 101.2), but the identity statement must be prominent — it cannot be buried in small text while a brand name dominates the PDP.

If a brand name or fanciful product name occupies most of the PDP in large type, the statement of identity must be in type proportionally large enough to be conspicuous.

Imitation Foods

Under 21 CFR 101.3(e), a food that substitutes for and resembles another food, but is nutritionally inferior to that food, must be labeled with the word "imitation" followed by the name of the food being imitated.

Nutritional inferiority means the product contains less than 2/3 of the protein or less than 2/3 of a required essential vitamin or mineral per serving of the food it resembles.

Example: A product that looks and functions like sour cream but contains significantly less protein and fat than sour cream would need to be labeled "imitation sour cream."

Exception: If the product is not nutritionally inferior despite the substitution, the "imitation" label is not required — the product may use an alternative descriptive name. Many reduced-fat and lower-calorie foods avoid the "imitation" label by maintaining nutritional equivalence.

Qualifying Terms and Nutrient Content Claims

Qualifying terms — such as "low fat," "light," "reduced sodium," or "no sugar added" — may modify the statement of identity, but the identity name itself must still appear. A product cannot be labeled only as "light" — it must be labeled "light [food name]" (e.g., "light cream cheese").

Under 21 CFR 101.13(q)(2), when a nutrient content claim is used as part of the product name, the identity statement must comply with both 21 CFR 101.3 and the applicable nutrient content claim requirements under 21 CFR 101.13 or 21 CFR 101.54–101.67.

Statement of Identity for Dietary Supplements

Dietary supplements must bear a statement of identity under the same 21 CFR 101.3 requirement, and additionally must include the words "dietary supplement" as part of the statement of identity under 21 CFR 101.3(g), unless the product's common name already includes that characterization (e.g., "herbal supplement," "vitamin C supplement").

A dietary supplement that omits "dietary supplement" (or equivalent characterization) from its identity statement is misbranded. This is a common labeling deficiency found during FDA inspections of supplement brands.

How Truli Helps with Statement of Identity Compliance

• Identity statement verification: Truli checks that a statement of identity appears on the PDP and meets the formatting requirements for bold type and placement parallel to the base of the package

• "Dietary supplement" characterization check: Truli verifies that supplement labels include the required dietary supplement characterization in the statement of identity

• Imitation food analysis: Truli flags products that may resemble standardized or traditional foods to identify potential imitation labeling obligations

• Fanciful name detection: Truli identifies labels where only a brand or fanciful name appears on the PDP without a compliant statement of identity

Related Regulations

• 21 CFR Part 101 — FDA food labeling overview

• 21 CFR 101.2 — Information Panel — Placement of mandatory labeling on the information panel

• 21 CFR 101.13 — Nutrient Content Claims — How nutrient claims interact with the statement of identity

• DSHEA — Statutory framework establishing dietary supplement labeling requirements

Frequently Asked Questions

Does my brand name count as the statement of identity?
No. A brand or fanciful product name does not satisfy the statement of identity requirement. The statement of identity must be the name of the food — what the product actually is — not the brand name. Both may appear on the PDP, but the food name must be present in bold type.

My product is a blend of several foods — how do I write the statement of identity?
Use a descriptive name that accurately conveys the nature of the product. If an established common name exists for the category of product, use it. If not, create a descriptive term that is not misleading — for example, "protein powder blend" or "mixed berry snack bar." Avoid names that imply the product is something it is not.

What if my product closely resembles a standardized food but doesn't fully meet the standard?
You must not use the standard of identity name. Options include: (1) reformulate to meet the standard, (2) use a descriptive term that does not imply conformance to the standard, or (3) if the product is nutritionally inferior to the standard food, use "imitation [food name]." Using the standard identity name on a product that doesn't meet the standard is a misbranding violation.

A note from Truli: Truli is not a law firm, and this article does not constitute or contain legal advice or create an attorney-client relationship. When determining your obligations and compliance with respect to relevant laws and regulations, you should consult a licensed attorney.

Last updated: April 2026. Reflects 21 CFR 101.3 as of April 2026. Book a demo to see how Truli monitors food label compliance.