The dairy industry is applauding comments by the FDA Commissioner Tuesday that indicate his agency will soon get tougher on plant-based dairy labeling. FDA Commissioner Scott Gottlieb told an audience at a Politico Pro Summit on Tuesday in Washington that his agency will soon begin enforcing regulations that define milk as an animal product, not a plant-based food.
After acknowledging that “an almond doesn’t lactate,” Dr. Gottlieb said the agency soon will seek public input as a prelude to enforcing existing regulations on dairy labeling standards.
The National Milk Producers Federation welcomed Gottlieb’s recognition that the labeling practices of many plant-based dairy imitators violate long-standing federal standards. Gottlieb said that going forward, “he intends to enforce” those standards.
“After years of inaction in response to our complaints about these labeling violations, Dr. Gottlieb’s announcement that the agency is intending to act on this issue is very encouraging,” said Jim Mulhern, president and CEO of NMPF. “The marketing of non-dairy imitators must comply with federal standards of identity, and consumers should not be misled that these products have the same nutrition as real milk, yogurt, cheese, and other actual dairy products.”
NMPF wrote to Gottlieb last year to complain that the agency has not been enforcing labeling standards, pointing out that FDA’s lack of action “has led to rampant consumer fraud related to the inferior nutrient content of these non-dairy products compared to their true dairy counterparts,” Mulhern said, adding that in addition to fake “milks,” there also are a proliferation of products calling themselves “yogurt,” “cheese,” “ice cream,” and “butter.”
The enforcement issue is not just an arcane dispute, but has significant public health implications because dairy imitators lack any consistent nutritional profile, while real milk always has the same nutritional package, varying only by standardized fat content, NMPF said.
“Consumers who purchase these imitations are not receiving the same level of nutrients found in cow’s milk, and that contributes to Americans falling short of the recommended amount of vitamins and minerals for a healthy diet,” said Mulhern. “FDA must act on this matter or else see the further decline of proper nourishment of our children and families.”
Two other dairy groups with members throughout the Midwest were also pleased by the FDA Commissioner’s comments on plant-based dairy labeling.
Edge Dairy Farmer Cooperative and the Dairy Business Association, which have pushed the FDA and lawmakers to take this action, issued the following joint statement. Based in Wisconsin, the sister organizations together represent more than a thousand dairy farmers and supporting businesses in nine states.
“FDA regulations define milk as coming from a cow, not a plant. So, it is encouraging to hear Commissioner Gottlieb state his commitment to enforcing the laws already on the books.
“Our dairy farmers and processors work hard to produce incredible food. Milk and dairy products — real dairy products — offer almost unbeatable nutritional value. Mislabeling non-dairy foods confuses customers who often make judgments about a food based on its name. Words do matter. That is why we have labeling requirements to begin with.”
