Wisconsin Senator Slams FDA Ruling on the Use of Dairy Terms

Friday, February 24th, 2023 -- 8:21 AM

(Wisconsin Ag Connection) Wednesday, U.S. Senators Tammy Baldwin (D-WI) and Jim Risch (R-ID) slammed the Food and Drug Administration (FDA) for their ill-advised guidance on the unfair use of dairy terms to mislabel plant-based products.

According to the Wisconsin Ag Connection, the FDA's draft guidance, "Labeling of Plant-based Milk Alternatives and Voluntary Nutrient Statement," allows plant-based products to continue to use dairy terms despite not containing dairy, nor having the nutritional value of dairy products.

Wisconsin Farm Bureau Federation President Kevin Krentz said, "Consumers choose milk because it is a trusted term associated with quality and nutrition. This trust has been built over generations of Wisconsin dairy farmers who take pride in producing a quality product with regulations that reflect that quality. Plant-based milk alternatives are not milk. They aren't held to the same regulations and therefore should not be labeled as milk. 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. If federal agencies are going to ignore their own regulations, Congress must act to force compliance and protect farmers."

"America's dairy farmers work hard to produce second-to-none products with the highest nutritional value, and plant-based products should not be getting away with using their good name," said the Senators. "This misguided rule will hurt America's dairy farmers and our rural communities. Since the FDA is failing to enforce its own definitions for dairy terminology and stop imitation products from deceiving consumers, we will be reintroducing our DAIRY PRIDE Act to stand up for America's dairy farmers and the quality products they make."

Current FDA regulations define dairy products as being from dairy animals. Although existing federal regulations are clear, the FDA has not enforced these labeling regulations and the mislabeling of plant-based products as 'milk,' 'yogurt,' and 'cheese' has increased rapidly.

Instead, the FDA today issued draft guidance that contradicts their own regulation and definitions, allowing non-dairy products to use dairy names, violating the Administrative Procedure Act, and hurting dairy farmers and producers.

The bipartisan Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake of Dairy Everyday Act (DAIRY PRIDE Act) would require the FDA to issue guidance for nationwide enforcement of mislabeled plant-based 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 Wednesday. Krentz added, "Wisconsin Farm Bureau is in full support of Senator Tammy Baldwin's introduction of the DAIRY PRIDE Act, which would force the FDA to abide by their own definitions."

Edge Dairy Farmer Cooperative President Brody Stapel said, “The co-op is looking forward to working with the FDA and Administrator Dr. Robert Califf by providing comments to express the importance of accurate labeling of plant-based milk alternatives for consumers and farmers.”

“Accurate labeling of imitation dairy products, especially milk, has frustrated dairy farmers for far too long. The nutritional benefits of dairy products are superior to imitation products, and consumers should be well-informed using proper labeling and terms. Dairy foods, including milk, are part of a healthy eating pattern and provide consumers with healthy and nutritious food options.”

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