Lawmakers reject FDA’s draft of dairy terms on milk alternatives

Last week, the U.S. Food and Drug Administration announced its draft recommendations for the industry — specifically for plant-based beverages marked and sold as alternatives to milk. Current FDA regulations define dairy products as being from dairy animals, but the new draft guidance allows plant-based products to continue using dairy terms but recommends that voluntary statements be used to differentiate the nutrition of real milk vs. its alternatives. 

The dairy industry was less than thrilled. Following the guidance’s release, Sens. Tammy Baldwin (D-WI), Jim Risch (R-ID), Susan Collins (R-ME), and Peter Welch (D-VT) introduced bipartisan legislation to prevent non-dairy products from using dairy-centric names: particularly “milk.” 

The Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake of Dairy Everyday Act (DAIRY PRIDE Act) of 2023 would require non-dairy products made from nuts, seeds, plants, and algae to no longer be labeled with dairy terms such as milk, yogurt or cheese.

“Dairy farmers work hard to earn the trust of America’s families by producing healthy affordable products,” said Zippy Duvall, president of the American Farm Bureau Federation. “The DAIRY PRIDE Act is a positive step toward ensuring labels at the supermarket accurately represent the items consumers decide to put on their tables. Families deserve to be fully informed on the products they purchase.”

“Wisconsin’s dairy farmers produce second-to-none products with the highest nutritional value and imitation products have gotten away with using dairy’s good name without meeting those standards,” Baldwin said. 

The legislation is supported by a number of national and Wisconsin dairy and farming organizations and cooperatives that believe the use of dairy terms violates the Administrative Procedure Act, and hurts dairy farmers and producers in Wisconsin. A news release from Baldwin also says the FDA recommendations lead to the proliferation of mislabeled alternative products that contain a range of ingredients and nutrients that are often not equivalent to the nutritional content of dairy products.

The DAIRY PRIDE Act would require the FDA to issue guidance for nationwide enforcement of mislabeled imitation dairy products within 90 days and require the FDA to report to Congress two years after enactment to hold the agency accountable for this update in their enforcement obligations. The legislation would also nullify any guidance that is not consistent with dairy standards of identity, including the one released last week.

“Wisconsin dairy farmers produce the best, most nutritious milk on the market while plant-based products are allowed to coop the label for their own benefit. The FDA cannot choose which regulation to enforce and which it will ignore. In this case, federal regulations are clear and FDA still chose to issue guidance in conflict with their own definitions, hurting Wisconsin farmers in the process,” said Kevin Krentz, president of the Wisconsin Farm Bureau Federation. 

Darin Von Ruden, president of the Wisconsin Farmer’s Union, also spoke up in support of the legislation, saying, “It is time we clear up the confusion around food labels by recognizing that ‘milk’ originates from mammals and items masquerading as such are often not nutritionally interchangeable. Akin to the misleading labeling of ‘Product of the USA’ stamped on imported beef repackaged in the United States and the growing misuse of the ‘organic’ label, this squandering of the term ‘milk’ sours consumers’ ability to make informed nutrition decisions at the grocery store.”