USDA Sets Aug. 23 FMMO Hearing, NMPF Plan as Basis

The U.S. Department of Agriculture’s (USDA) announced plan for a hearing beginning this month on modernizing the Federal Milk Marketing Order (FMMO) system reflects the comprehensive approach to improvement carefully crafted by the National Milk Producers Federation (NMPF), an emphatically positive development for dairy farmers.

“Dairy farmers nationwide are grateful that USDA is moving forward by including the full scope of NMPF’s proposal to guide the dairy industry forward as it modernizes the Federal Milk Marketing Order system,” said Randy Mooney, a dairy farmer near Rogersville, MO, and chairman of NMPF’s Board of Directors, in a statement released July 21, the day plans for the hearing were announced.

The hearing will begin on Aug. 23 in Carmel, IN, and is expected to last several weeks. NMPF’s cooperative-led effort will be involved in every significant topic, reflecting its detailed proposal and the nationwide scope of its effort.

“This recognition of NMPF’s consensus-based leadership allows us to continue the substantial momentum for change that we’ve achieved,” Mooney said in his statement. “Each piece of our proposal, from returning to the “higher-of” Class I mover as soon as possible, to updating both Class I price differentials and manufacturing cost allowances, has been crucial toward building that consensus, and all components of our plan are critical to a successful update to this important program.

“There is still a long journey ahead toward a modernized federal order system that works better for farmers, but NMPF is ready, with co-op led efforts well under way to ensure that we are well-prepared for the FMMO hearing,” Mooney said. “We’re excited to lead this industry toward solutions that will offer benefits for everyone, and we are gratified that USDA is showing thoughtful leadership through its responsiveness and support for dairy.”

See You in Indiana!

Indianapolis, Indiana may be best known for its famous road race. And though our journey toward Federal Milk Marketing Order modernization may at times feel like it’s already taken 500 miles, in reality the critical stretch begins this month with the hearing USDA is granting, beginning Aug. 23.

Our engines are revving, we have an expert pit crew in place, and with the turbocharge of support we’ve received from our members and across the dairy producer community, we’re confident we’re in pole position and determined to take the checkered flag.

OK, enough with the auto-race metaphors. The point is, we’re ready. This is an exciting moment for the future of our industry – and exciting moments are difficult to achieve at a time of low producer margins – with high input costs and poor milk prices.

But even as today holds challenges, we can achieve a better tomorrow through FMMO modernization, which is, and always has been, an attempt to update milk pricing to current needs, reduce economic distortions, encourage orderly markets and put dairy producers on firmer, fairer ground as they provide high-quality products consumers want. This once-in-a-generation opportunity has come from the leadership of dairy farmers and the cooperatives they own, who together have assembled a deep, truly comprehensive case for modernization and how it can be done, one that embraces all regions, sizes and business models found in the diverse dairy sector.

That work has already paid off through the scope of the hearing itself. The proposal we sent to USDA in May is the basis from which the department is proceeding. And while we look forward to the discussion and examination of other proposals, in the end we feel confident we’re in the driver’s seat of change. (Sorry. Another auto-race analogy.) We will be involved in the full range of proceedings with a cast of experts who will assist us in our case during the hearing, which is expected to last 6-8 weeks.

And once that is done, it will be time for USDA to consider all the testimony, as we prepare to advocate for what we hope (and expect) will be a producer vote on a plan next year.

This has been a long process, but one that’s critical to dairy’s future. For more information on our proposal, please visit our FMMO page here. We also plan to offer regular updates on the process itself,  so stay tuned – and keep your engines revving.

Also, even as FMMO consumes much of our focus, we’re moving ahead in another area that’s important to the future of dairy farming and consumer support for true dairy products: The fight against lab-based imposters that are adopting the plant-based playbook and sow marketplace confusion over what “milk” actually is.

Following on a letter we sent in late June, we’re urging FDA to take action to stop the “Bored Cow” brand peddled by a New York City-based foodtech company as “animal-free dairy milk” from illegally calling their product “milk.”

Unlike with plant-based beverages that have no dairy ingredients, Bored Cow includes one synthetically produced whey protein. But as every responsible scientist, marketer – and regulator – knows, one protein doesn’t make it “milk,” a biological product that is a complex interaction of literally hundreds of components, the qualities and characteristics of which we frankly don’t fully understand.

FDA, and the food industry as a whole, will need to get away from simplistic and convenient ideas that “equivalency” can be manufactured in a lab when a dairy product – and other animal products as well – are the result of thousands of years of natural development. Should FDA choose not to enforce its own rules in a timely manner, we will escalate our fight – and hope you can join us as this initiative develops.

Our industry is dynamic and complex, with ever-changing challenges. In both FMMO modernization and lab-based “dairy,” we’re trying to meet both the nearer and longer-term needs of dairy farmers. That’s what keeps us all moving forward. And with that, on to Indiana!

 


 

Jim Mulhern

President & CEO, NMPF

 

Draft Guidance Not Enough to Prevent Misleading Labeling, NMPF Tells FDA

While the Food and Drug Administration’s (FDA) draft guidance on plant-based beverages acknowledges the public health concern regarding nutritional confusion, it falls woefully short of ending the decades-old problem of misleading plant-based labeling using dairy terminology, the National Milk Producers Federation (NMPF) said in comments submitted to the agency this week.

As the leading voice of American dairy producers, NMPF emphasized the importance of transparent product labeling to ensure consumer understanding and informed purchasing decisions, and urged FDA to take prompt enforcement action against misbranded non-dairy beverages that resemble milk.

“For far too long, plant-based beverage manufacturers have blurred well-defined standards of identity to inappropriately and unfairly capitalize on dairy’s nutritional benefits while FDA has ignored its enforcement obligations,” said Jim Mulhern, NMPF president and CEO. “FDA’s draft guidance is an encouraging first step toward promoting labeling transparency in the marketplace, but it’s not enough. Our comments outline a solution to the misleading labeling practices existing in the marketplace today, and provide clear, truthful labeling options for marketers of plant-based beverages.”

In its comments, NMPF commended FDA for its acknowledgement of consumer confusion over the nutritional content of dairy imitators. “For decades, NMPF has been frustrated with FDA’s unwillingness to enforce its own standards of identity for milk and milk products which continues today. We are encouraged by the agency’s acceptance of the reality of consumer confusion regarding nutritional content,” NMPF wrote. Still, NMPF cautioned FDA to adhere to the law by going through the proper legal process, as outlined in NMPF’s Citizen Petition and comments.

Because of the voluntary nature of the proposed guidance and FDA’s undependable labeling enforcement history, NMPF continues its work in Congress to pass the bipartisan, bicameral DAIRY PRIDE Act, which would direct FDA to enforce its own rules and clarify that dairy terms are for true dairy products.

CWT Assists with Nearly 547,000 Pounds of Dairy Product Export Sales

Cooperatives Working Together (CWT) member cooperatives accepted 11 offers of export assistance from CWT that helped them capture sales contracts for 93,000 pounds (42 MT) of American-type cheese and 454,000 pounds (206 MT) of cream cheese. The product is going to customers in Oceania and Asia and will be delivered from August through October 2023.

CWT-assisted member cooperative year-to-date export sales total 27.6 million pounds of American-type cheeses, 809,000 pounds of butter (82% milkfat), 24,000 pounds of anhydrous milkfat, 31.4 million pounds of whole milk powder and 5.9 million pounds of cream cheese. The products are going to 24 countries in five regions. These sales are the equivalent of 548.9 million pounds of milk on a milkfat basis.

Assisting CWT members through the Export Assistance program positively affects all U.S. dairy farmers and cooperatives by fostering the competitiveness of U.S. dairy products in the global marketplace and helping member cooperatives gain and maintain world market share for U.S. dairy products. As a result, the program has helped significantly expand the total demand for U.S. dairy products and the demand for U.S. farm milk that produces those products.

The amounts of dairy products and related milk volumes reflect current contracts for delivery, not completed export volumes. CWT pays export assistance to the bidders only when export and delivery of the product is verified by required documentation.

NMPF Scholarship Program Awards $20,000 to Outstanding Graduate Students

The National Milk Producers Federation (NMPF) today announced the recipients of its 2023 National Dairy Leadership Scholarship awards, recognizing outstanding graduate students pursuing research of interest to the U.S. dairy industry. The awards, funded by dairy farmers and their cooperatives, support the next generation of dairy researchers, extension staff, academics and industry professionals.

“On behalf of the Board of Directors, we extend our congratulations to this year’s exceptional scholarship recipients,” said Jim Mulhern, president and CEO of NMPF. “We are confident that these students will play a significant role in shaping the future of the dairy industry and look forward to the contributions they will make in the years to come.”

This year’s scholarship recipients represent a diverse group of talents, each with their unique contributions to the dairy sector. Their areas of academic focus span from dairy cattle management to food science technology. The winners of the 2023 National Dairy Leadership Scholarship Program are:

  • Alanna Staffin, Penn State University
  • Alyssa Thibodeau, Oregon State University
  • Bhaswati Chowdhury, South Dakota State University
  • Luke Fuerniss, Texas Tech University
  • Usman Arshad, University of Florida

NMPF also sponsors student awards through the American Dairy Science Association (ADSA). This year’s Richard M. Hoyt Award winner, Megan Abeyta, was recognized at ADSA’s annual meeting June 1. Her research specializes in evaluating the impacts of stress on dairy cattle digestion.

Graduate students Ursula Abou-Rjeileh of Michigan State University and Jean Franco Fiallo Diez of Texas Tech University received first-place recognition as part of the NMPF sponsored ADSA Graduate Student Paper Presentation Contest in Dairy Production in the Ph.D. and M.S. divisions, respectively.

Learn more about the NMPF scholarship program here. The 2024 application period will open in January 2024. For information about ADSA awards, visit its awards page here.

NMPF and USDEC Form Alliance with Italian Dairy Association to Promote Priorities Internationally

The National Milk Producers Federation (NMPF), U.S. Dairy Export Council (USDEC), and Italian Dairy Association (Assolatte) signed an agreement today that increases collaboration between the three groups as they promote the nutritional benefits of dairy products and support dairy-friendly policies in international forums.

The memorandum of understanding (MOU) organizes a set of objectives centered around ensuring the accurate and exclusive labeling of dairy terms for milk and dairy products and advocating for international standards and guidelines that recognize the contributions of the global dairy industry to sustainable food systems. The partnership will last through 2025.

“Our two countries each have a proud tradition of producing world-class, sustainable dairy products,” said Jim Mulhern, president and CEO of NMPF. “That shared passion will fuel this partnership as we work to proactively advance positive, sound international dairy policies.”

“Dairy producers in Italy and the United States both have incredible opportunities to grow and thrive, while also facing similar challenges that threaten that potential,” said Krysta Harden, president and CEO of USDEC. “This agreement is an important step in growing our voice as we continue to call for fair, science-based policies that support sustainable growth for dairy producers and manufacturers around the world.”

“This is an ambitious and far-reaching agreement between two giants of the global dairy industry, Italy and the United States – a cooperation that we hope will help to remove potential obstacles to the production and marketing of milk and dairy products,” said Paolo Zanetti, chairman of Assolatte.

The MOU between NMPF, USDEC, and Assolatte complements similar agreements signed last year with Sociedad Rural Argentina and the Chilean Federacion Nacional de Productores de Leche (Fedeleche), which strengthened NMPF and USDEC’s relationships in Latin America.


From left, Jaime Castaneda, USDEC and NMPF EVP for policy development and strategy, Paolo Zanetti, chairman of Assolatte, and Nick Gardner, USDEC SVP for sustainability and multilateral affairs

CWT Assists with 428,000 Pounds of Dairy Product Export Sales

Cooperatives Working Together (CWT) member cooperatives accepted seven offers of export assistance from CWT that helped them capture sales contracts for 254,000 pounds (115 MT) of American-type cheese, 44,000 pounds (20 MT) of butter and 130,000 pounds (59 MT) of whole milk powder. The product is going to customers in Asia and Middle East-North Africa, and will be delivered from July through December 2023.

CWT-assisted member cooperative year-to-date export sales total 27.5 million pounds of American-type cheeses, 809,000 pounds of butter (82% milkfat), 24,000 pounds of anhydrous milkfat, 31.4 million pounds of whole milk powder and 5.4 million pounds of cream cheese. The products are going to 24 countries in five regions. These sales are the equivalent of 544.5 million pounds of milk on a milkfat basis.

Assisting CWT members through the Export Assistance program positively affects all U.S. dairy farmers and cooperatives by fostering the competitiveness of U.S. dairy products in the global marketplace and helping member cooperatives gain and maintain world market share for U.S. dairy products. As a result, the program has helped significantly expand the total demand for U.S. dairy products and the demand for U.S. farm milk that produces those products.

The amounts of dairy products and related milk volumes reflect current contracts for delivery, not completed export volumes. CWT pays export assistance to the bidders only when export and delivery of the product is verified by required documentation.

The Numbers Don’t Lie – Plant-Based Beverages Losing Market Share to Milk

Attention to everyone who values accuracy over propaganda: The next time you read a news article that states “milk is losing market share to plant-based alternatives,” please send the reporter, the editor, anyone who will listen, a link to this column.

Because any reputable news organization corrects fact errors – and as of this year, that statement, long accepted as the “inevitable” outcome of “innovation,” is no longer true. In the beverage marketplace, milk isn’t just beating plant-based on nutrition, price, overall sales and consumption volume – it’s increasing its market share too.

First, the bad news. Milk’s growing relative strength isn’t because people are drinking more of it. Even though fluid milk continues to outpace fake milk sales by nearly nine to one, consumption is down this year, like it has most every year since baby boomers left elementary school and all types of beverages, not just plant-based alternatives, multiplied in number and further segmented the beverage market. Through July 9 – just over halfway through 2023 – fluid milk retail sales volume (overwhelmingly cow’s milk, with just a pinch of goat milk for an animal-based alternative) was 1.62 billion gallons, down 3.4 percent from the year-earlier period, according to research firm Circana Group, which objectively reports sales figures via bar codes and is the retail industry standard for grocery-sales data.

Wish it weren’t true, but … but …

But how does that compare to the “dairy alternative” universe – the one where heavily processed, over-priced nut juices are marketed as healthy, climate-conscious “milks”? The one where dishonest marketers crow about how fake milks are on the rise while boring ole’ actual milk is a thing of the past? Year-to-date, they’ve sold 182 million gallons of the stuff, a number that’s down … um … you read it here first … 6.6 percent from one year ago. Because plant-based consumption is falling even faster, true dairy milk is extending its already dominant lead. So far this year, real milk holds 89.9 percent of the total milk-and-fake-milk market, up from 89.6 percent last year.

Tough to get your brain around? That’s understandable – false narratives are difficult to dispel. But the truth will set you free – and it tastes better, too.

Maybe consumers are figuring out that overpriced, under-nourishing flavor-of-the-month beverages weren’t the next frontier after all. Digging into the stats further: Almond drink, the darling of the 2010s, is still the plant-based category leader, but down 9.4 percent so far this year from a year ago. Oat beverages, the recent Next Big Thing, is up an anemic 1.8 percent – maybe because top peddler Oatly’s marketing antics are starting to leave a taste in people’s mouths that’s almost as bad as their product’s.

And soy-based beverages – the ones vegan advocates want in the federal school lunch program – are down 7.4 percent this year, even as the most popular milk variety, whole milk, also is kept out of school lunches because foolish ideas and bad science die hard.  That would be funny, if it weren’t so sad that whole milk, an obvious solution to nutrition and food waste problems in federal meals, gets short shrift in comparison to soy due to vegan ideology.



Maybe the “innovation” pitch was a lie all along. In many ways, nothing is new under the sun, or in the grocery aisle. Marketers and manufacturers have been taking water, adding stuff to it, bleaching it white and calling it “milk” for centuries. The latest scheme is admittedly less deadly than previous ones — but with doctors reporting malnourished children fed vegan “milk” by duped parents, it still has a real public health cost. That’s why dairy farmers have been calling on FDA to enforce its own standards of identity for decades, to largely deaf (though recently a little bit less deaf – or maybe we’ve just been louder) ears from the agency.

To be sure (and for clarification), all these statistics are based on consumption volume – what people actually drink – than sales values, the preferred measure of advocates for plant-based beverages that are more expensive than true dairy. By that measure, plant-based beverage sales are still up 5.8 percent year-to-date, compared to dairy’s decline of 1.2 percent. But that’s not because plant-based beverages are becoming more popular – it’s because they cost 9.2 percent more than a year earlier, compared to milk’s 2.2 percent. Isn’t inflation a magical thing? Even so, we expect that marketers will use that cherry-picked value to prop up the tired Death of Dairy narrative – and credulous journalists will pick up on it to justify their inaccurate articles.

Don’t let them do that. The numbers don’t lie – plant-based beverage consumption is on the decline, and claims otherwise are disingenuous. Keep this in mind as you watch for misinformation. Feel free to share this data to stop it.

NMPF Statement on USDA Federal Order Announcement

From NMPF Board Chairman Randy Mooney, a dairy farmer from Rogersville, MO:

Dairy farmers nationwide are grateful that USDA is moving forward by including the full scope of NMPF’s proposal to guide the dairy industry forward as it modernizes the Federal Milk Marketing Order system.

This recognition of NMPF’s consensus-based leadership allows us to continue the substantial momentum for change that we’ve achieved. Each piece of our proposal, from returning to the “higher-of” Class I mover as soon as possible, to updating both Class I price differentials and manufacturing cost allowances, has been crucial toward building that consensus, and all components of our plan are critical to a successful update to this important program.

There is still a long journey ahead toward a modernized federal order system that works better for farmers, but NMPF is ready, with co-op led efforts well under way to ensure that we are well-prepared for the FMMO hearing that begins next month. We’re excited to lead this industry toward solutions that will offer benefits for everyone, and we are gratified that USDA is showing thoughtful leadership through its responsiveness and support for dairy.

Dairy Better Benefits Children through Science-Based Federal Food Policies

The Whole Milk for Healthy Kids Act may have its best chance yet of passing Congress this year. But the potential return of whole and 2% percent options to school lunch menus is only one piece of the evolution of dairy’s role in federal nutrition policies, as two NMPF experts say in a Dairy Defined podcast released today.

“We’re in a pretty exciting spot right now for dairy and nutrition,” said Miquela Hanselman, NMPF’s manager for regulatory affairs. “National Milk is working with other dairy organizations to kind of make sure that we have all of our bases covered.”

Hanselman is NMPF’s point person on the upcoming, twice-a-decade revision to the dietary guidelines used in federal nutrition programs, due in 2025. She’s joined in the podcast by Senior Director for Government Relations Claudia Larson, who is advocating for whole milk legislation in Congress. Evolving science – and attitudes – toward the benefits of whole milk in children’s diets is building momentum for expanded milk options in federal programs.

“The Whole Milk for Healthy Kids Act expands the varieties of healthy milk options schools can choose to serve in meal programs, and we see this as a commons-sense approach for addressing nutrition insecurity among our nation’s youth,” she said. “Children and adolescents do not meet their daily dairy intake recommendations, and this is a nutrition problem for our kids because dairy plays an unparalleled role in delivering the vital nutrients they need to grow and thrive.”

NMPF has a call to action urging lawmakers to support the Whole Milk for Healthy Kids Act here. You can find the podcast on Apple Podcasts, Spotify and Google Podcasts. Broadcast outlets may use the MP3 file below. Please attribute information to NMPF.


NMPF Applauds Xochitl Torres Small’s Confirmation as Deputy Agriculture Secretary

From NMPF President and CEO Jim Mulhern:

“On behalf of America’s dairy farmers and their cooperatives, we congratulate Xochitl Torres Small on her Senate confirmation as Deputy Secretary of Agriculture. Her rich family heritage in agriculture, as well as her career in public service in Congress and at USDA, will bring valuable perspective to the position, and we know she will bring great insight and energy to her new role. We look forward to continuing our work together to tackle the many pressing issues that affect agriculture and our rural communities.”

Need for Lab-Based Beverage Action as Clear as a Milk Label

It’s the difference between

“Water, animal-free whey protein (from fermentation), sunflower oil, sugar, less than 1% of: vitamin A, vitamin B12 (cyanocobalamin), vitamin D2, riboflavin, citrus fiber, salt, dipotassium phosphate, acacia, gellan gum, mixed tocopherols (antioxidant), calcium potassium phosphate citrate, natural flavor,” …

and this:



We’ve warned FDA of the problems resulting from this fabrication, and we hope our warning doesn’t fall on deaf ears. After more than four decades of plant-based imposters using dairy terms that violate the agency’s Standard of Identity for milk, lab-based fermenters of single dairy proteins are trying to mislead consumers in the exact same way – by creating a false impression that their slurries of highly processed ingredients are equivalent to dairy.

They’re not. And consumers shouldn’t be led to believe otherwise.

In a letter to FDA asking the agency to take action against the brand Bored Cow, which is marketing its beverage as “animal-free dairy milk” because it uses a single fermented whey protein (real milk has dozens of protein variants and literally hundreds of different fatty acids), the National Milk Producers Federation notes that “it is baseless, preposterous and absurd” to call such a product milk.

“In the interest of public health, the misleading labeling charade must end before it gets out of hand,” NMPF writes. “FDA must act, and must do so now.”

Will it? While FDA’s proposed guidance on the naming of plant-based beverages finally admits a problem, the lab-based conundrum shows how its purported solution – allowing imitators to use the term “milk” if they disclose nutritional differences – falls short. It’s not just about the limited nutrition knowledge we have. It’s about the substance itself, and the complex interaction among naturally-occurring  ingredients that any honest marketer, scientist or regulator knows we don’t fully understand. That humility, and the need to protect against consumer confusion that’s been acknowledged by the last three FDA commissioners, is more than enough reason to take action now.

Because without it, the imposters will proliferate, the headaches will grow, and the marketplace will only become less transparent, in yet another abandonment of FDA’s mission to protect consumers. FDA must enforce its Standard of Identity rules on lab-based dairy labeling now. The need is as basic as the ingredient listing on a bottle of milk. FDA can’t let that clear principle be dragged through the mud – or whatever substances these fake “milks” are made of.