Tag: common cheese names

U.S., Chile Strike Landmark Common Names Agreement

Posted on by Theresa Sweeney

NMPF, in partnership with USDEC and the Consortium for Common Food Names, successfully secured an agreement approved by the Chilean government on Sept. 3 that safeguards U.S. cheese producers’ ability to use common food names such as “parmesan” Chilean market. The collaboration sets an important precedent that the U.S. has the resources and influence to counter the European Union’s aggressive, worldwide monopolization of common names.

NMPF’s engagement was initially prompted by the December 2023 signing of the EU-Chile trade agreement, which contained provisions that threatened U.S. cheese exports under the guise of protecting European geographical indications. NMPF, USDEC and CCFN worked closely with U.S. and Chilean government officials to find a workable solution that would protect U.S. cheese products, specifically parmesan. The organizations closely tracked the grandfathering process and supported members’ in submitting successful applications to establish prior user rights under that process; that later proved pivotal not only to securing firm commitments on access for those firms but also maintaining access for the wider set of U.S. cheese manufacturers. The organizations also met repeatedly with the U.S. government to evaluate specific workable approaches to preserving access for U.S. exporters and coordinated with industry counterparts in Chile.

These efforts helped lead to an exchange of letters between U.S. Trade Representative Katherine Tai and Chile’s Undersecretary of International Economic Relations Claudia Sanhueza on June 21 that confirmed that U.S. exporters would not face future restrictions around the use of 29 cheese and meat terms. Officials also agreed to an expanded interpretation of grandfathering provisions in the EU-Chile FTA that permits the continued use of parmesan by all U.S. exporters due to prior use of the term in Chile by at least one U.S. firm.

The agreement will take effect Jan. 15.

“This agreement is a milestone for U.S. dairy producers. It ensures that many of our products will maintain fair access to the Chilean market, supporting the growth and success of American dairy farmers on a global scale. Now, we need to build on that momentum by securing agreements with other trading partners to protect export opportunities for even more U.S. cheeses,” said Gregg Doud, NMPF President and CEO, in a statement after the agreement, calling on the U.S. government to build on the momentum and secure additional agreements with trading partners around the world.

Landmark Agreement Secures U.S. Exporters’ Rights to Use Common Names in Chilean Market

Posted on by Theresa Sweeney

U.S. exporters of certain cheeses and meats will continue to be able to use those terms in Chile.

The Consortium for Common Food Names (CCFN), National Milk Producers Federation (NMPF) and U.S. Dairy Export Council (USDEC) commended the passage into law of commitments by the Chilean National Congress today that safeguards the rights of U.S. cheese and meat exporters to use certain common names – such as “parmesan” and “prosciutto” – to market and sell their products in the Chilean market.

The agreement came together following an exchange of letters between U.S. Trade Representative Katherine Tai and Chile’s Undersecretary of International Economic Relations Claudia Sanhueza on June 21, which confirmed a mutual understanding and agreement that U.S. exporters will be able to continue to market their products in Chile using a number of common cheese and meat terms.

Certain provisions under the EU-Chile trade agreement signed in December 2023 enabled the unfair treatment of U.S. meat and dairy products by abusing geographical indication protections. In response, CCFN, NMPF and USDEC worked closely with U.S. and Chilean government officials to address the U.S.-Chile Free Trade Agreement’s (FTA) threats to U.S. cheese and meat products.

Included in the agreement is a mutual understanding regarding “prior users” of certain cheese and meat terms in the market. For a limited number of products that the EU allowed to be grandfathered and that American exporters had exported to Chile prior to the updated FTA, all U.S. producers of those products will have the right to continue to use those terms in Chile. In addition, an extensive list of common names will also be protected for use in Chile for all U.S. producers.  The exchange of letters is now integrated into the FTA between the two countries and is subject to its provisions, including the FTA’s enforcement measures.

“CCFN applauds the Administration for their initiative to negotiate the protection of parmesan and a number of other key products,” said Jaime Castaneda, executive director for CCFN. “We greatly appreciate USTR and USDA’s work with the Chilean government and urge the Administration to continue its efforts to push back against the European Union’s strategic monopolization of common names. To that end, it’s vital that the U.S. establish a firm policy of proactively seeking protections for common name products with key trading partners all around the world.”

“Chile is a critical market and partner for U.S. dairy in Latin America,” said Krysta Harden, president and CEO of USDEC. “We greatly appreciate USTR and USDA for their hard work to strengthen this relationship, which will directly help U.S. producers grow their businesses in Chile. We look forward to continuing to work together to create new avenues for U.S. dairy exports and to avoid similar challenges from cropping up in other international markets.”

“This agreement is a milestone for U.S. dairy producers,” said Gregg Doud, president and CEO of NMPF. “It ensures that many of our products will maintain fair access to the Chilean market, supporting the growth and success of American dairy farmers on a global scale. Now, we need to build on that momentum by securing agreements with other trading partners to protect export opportunities for even more U.S. cheeses.”

The agreement will enter into force 90 days from the National Congress’ Sept. 3 approval.

House GSP Bill Supports Fair Market Access for U.S. Dairy Farmers

Posted on by Theresa Sweeney

The National Milk Producers Federation, U.S. Dairy Export Council and Consortium for Common Food Names commended today’s House Ways and Means Committee markup of a bill that would renew the Generalized Systems of Preferences (GSP) trade program with new agriculture-specific eligibility criteria, giving U.S. dairy producers a fairer opportunity to sell their products in key markets. GSP has not been in effect since it expired at the end of 2020.

The GSP trade program helps developing countries use trade to grow their economies by eliminating U.S. duties for a wide range of products. GSP-eligible countries must meet certain conditions. Today’s bill will introduce new provisions for the agriculture industry, including requirements that beneficiary countries provide open and equitable market access to U.S. agriculture exports and protect the generic use of common food and beverage terms like “parmesan” and “feta.”

“American dairy producers and cooperatives rely upon fair access to international markets,” said Gregg Doud, NMPF president and CEO. “We’re thankful for Representatives Smith, Panetta and Fischbach’s leadership on preserving market access for U.S. dairy exports and sending a message to competitors who try to create an unlevel playing field.”

“The U.S. dairy community is grateful for these expanded criteria, which will enable America’s dairy farmers and producers to compete on a level playing field in these new and growing markets,” said Krysta Harden, USDEC president and CEO. “A special thank you to Representatives Adrian Smith, Jimmy Panetta, and Michelle Fischbach, who continue to be champions for the U.S. dairy industry. Now more than ever, our members count on exports to succeed, and we look forward to supporting this bill through to the finish line.”

As the European Union continues to try to monopolize common name foods and beverages  by imposing overreaching geographical indication policies on countries worldwide, the new GSP eligibility requirements would provide a vital response on behalf of American cheesemakers.

“The European Union has expanded its protectionist and anti-competitive campaign to monopolize common name food and beverages well beyond its borders, to countries in every corner of the globe,” said Jaime Castaneda, CCFN executive director. “The U.S. government has the political and economic influence to fight back. We’re pleased to see that Congress is starting to utilize the tools at its disposal to secure producers’ common names rights.”

NMPF Advocates for Common Names Protections in USTR Comments

Posted on by Theresa Sweeney

NMPF, in partnership with the U.S. Dairy Export Council (USDEC), submitted comments to the U.S. Trade Representative Jan. 24 that emphasized the U.S. government’s need. to secure commitments from trading partners to assure the future use of certain generic cheese terms. The comments, part of NMPF’s ongoing mission to protect the rights of U.S. cheesemakers to use common names like “parmesan” and “feta” worldwide, were submitted in response to the agency’s request for input on its annual Special 301 review of intellectual property trade issues.

NMPF and USDEC’s submission supported more comprehensive comments from the Consortium for Common Food Names (CCFN), which NMPF’s trade policy team staffs. CCFN reiterated how producers on-the-ground are negatively affected when the European Union confiscates common names, and detailed the specific markets that the administration should prioritize work in to preserve export opportunities.

Trade Team Builds International Ties While Supporting U.S. Dairy

Posted on by Theresa Sweeney
  • Championed the introduction of the Safeguarding American Value-Added Exports (SAVE) Act to protect market access for U.S. cheesemakers
  • Secured the right of producers to use the common name “gruyere” in the U.S. market through a landmark legal victory in the U.S. Court of Appeals for the Fourth Circuit
  • Led engagement with the U.S. government to hold Canada accountable for its ongoing violations of USMCA’s dairy provisions
  • Promoted U.S. dairy’s trade initiatives and sustainability progress as lead sponsor of the Asia-Pacific Economic Cooperation’s agricultural ministerial luncheon in Seattle
  • Formed alliances with dairy and agricultural organizations worldwide to strengthen and grow NMPF’s voice.

NMPF trade activities this year have included initiatives that defend U.S. products in the global arena while expanding trade. Efforts made in collaboration with the U.S. Dairy Export Council (USDEC) and the Consortium for Common Food Names (CCFN) prompted the May 17 introduction of the bipartisan, bicameral Safeguarding American Value-Added Exports (SAVE) Act to increase U.S. government actions to protect common terms like “parmesan” and “feta” in export markets. The milestone bill to advance common name protections capped off months of congressional engagement, including a March 1 event on Capitol Hill.

The SAVE Act explicitly defines “common names” as a term ordinarily used for marketing a food product, as determined by the U.S. Department of Agriculture (USDA), and directs the U.S. government to proactively defend the rights of U.S. common name users and exporters. Led in the Senate by Sens. John Thune, R-SD, Tammy Baldwin, D-WI, Roger Marshall, R-KS, and Tina Smith, D-MN, and in the House by Reps. Dusty Johnson, R-SD, Jim Costa, D-CA, Michelle Fischbach, R-MN, and Jimmy Panetta, D-CA, the SAVE Act is expected to be incorporated into the 2023 Farm Bill. Members and supporters can make their voice heard by writing to their representatives in Congress through NMPF’s advocacy platform.

NMPF also secured a key victory for U.S. cheese producers and dairy farmers through a March 3 ruling from the U.S. Court of Appeals for the Fourth Circuit, which confirmed that “gruyere” is a common name, in opposition to French and Swiss consortiums which hoped to trademark the term in the U.S. market. The NMPF trade policy team, alongside USDEC and CCFN, worked diligently with the legal team to ensure that American gruyere producers can continue to market and sell their products in the United States.

NMPF’s dedication to building dairy exports through expanding market has included fly-ins to DC, use of congressional trade hearings to elevate dairy priorities, meetings with USTR and USDA political appointees on trade, intensive work with U.S. negotiators on using the Indo-Pacific Economic Framework to address nontariff trade barriers, and joint agricultural coalition efforts such as the trade-focused August 21 letter to 2024 Presidential candidates urging a greater commitment to trade agreements.

Efforts also extend to ensuring existing agreements deliver full benefits for U.S. dairy. NMPF commended the U.S. government’s Jan. 31 announcement that it requested a second USMCA panel to hold Canada responsible for violating the agreement’s dairy market access obligations. The announcement resulted from extensive work by NMPF with USTR and USDA last year to ensure that the second USMCA case was well-positioned for success. NMPF and USDEC since January have continued to work closely with USTR and USDA to support their case and ensure that Canada grants U.S. producers and exporters the market access negotiated and promised under USMCA.

To bolster NMPF’s work to preserve and expand market access for dairy products in markets around the world, the organization has also continued to grow its global voice and influence, forming partnerships with leading dairy and agricultural organizations overseas.

As governments around the world embrace protectionist stances and adopt ill-advised policies, NMPF strives to continue to grow its network of allies to support pro-dairy, pro-trade and science-based rules. Strengthening ties in Latin America, NMPF announced on April 20 a new collaboration with the National Agricultural Organizations from Argentina, Brazil, Paraguay, Uruguay, Chile, Bolivia and Colombia to represent the dairy and livestock industry in international climate discussions. During a trip to Japan, NMPF formalized a July 6 “Letter of Friendship” with JA-Zenchu, Japan’s Central Union of Agricultural Cooperatives, to address the common difficulties that dairy farmers in the two countries are facing. Most recently, NMPF and USDEC signed on July 27 an agreement with the Italian Dairy Association, Assolatte, to promote the nutritional benefits of dairy products and support dairy-friendly policies in international forums.

NMPF’s Castaneda Advocates for Dairy in Switzerland

Posted on by Theresa Sweeney

NMPF’s Jaime Castaneda pushed to protect common food names at the July 10 World Intellectual Property Organization’s (WIPO) general assembly in Geneva, Switzerland. NMPF’s executive vice president for policy development and strategy represented the U.S. dairy sector as well as other manufacturers of common-food-named products.

The Consortium for Common Food Names (CCFN), which NMPF’s trade policy team staffs, holds observer status in the organization because of its leadership on protecting common names like “parmesan” and “feta.” Castaneda advocated for a balanced approach that protects the rights of common names users while still honoring legitimate geographical indications (GIs). NMPF’s engagement with WIPO – an influential organization that has traditionally supported an agenda that has favored GI interests – is critical for countering the European Union’s common name monopolization campaign and keeping markets open for U.S. dairy producers around the globe.

Castaneda also joined a non-governmental organizations session with WIPO Director General Daren Tang and met with government representatives from the United States and elsewhere who participated in the assembly.

While in Geneva, Castaneda also met with World Trade Organization (WTO) officials and government representatives on July 11-13 about the upcoming WTO Ministerial Conference taking place Feb. 26-29, 2024. Castaneda participated in sessions with the New Zealand and Australian Ambassadors to the WTO, Chairman of the Dispute Settlement Committee Marco Molina, WTO Deputy Director General Angela Ellard and several country delegations to discuss agricultural priorities for the upcoming February ministerial, including WTO dispute settlement reform and market access.

Cheese-Name Fight Vital for Industry

Posted on by Theresa Sweeney

What’s in a name? Quite a lot. In dairy, a name defines a taste and experience. And that’s why European Union attempts to monopolize commonly understood cheese names poses a problem for consumers and cheese companies, as John Umhoefer, executive director of the Wisconsin Cheese Makers Association in Madison explains in the latest Dairy Defined Podcast.

“Our dairy farmers here in Wisconsin and other states, we can’t go to Europe and sell a Parmesan cheese. We can’t go to Europe and sell a cheese called feta,” he said. “It’s infuriating because those names are used worldwide and the cheeses are produced worldwide. But the EU has put up walls.”

Umhoefer, joined by NMPF Senior Vice President for Trade Policy Shawna Morris, also discusses recent legal victories and a congressional effort to help U.S. producers stifle EU attempts to use cheese names as a trade barrier. The full podcast is here. You can also find the podcast on Apple Podcasts, Spotify and Google Podcasts. Broadcast outlets may use the MP3 file below. Please attribute information to NMPF.

NMPF-Led Common Names Legislation Introduced in Congress

Posted on by Theresa Sweeney

NMPF, working in collaboration with the Consortium for Common Food Names (CCFN) and the U.S. Dairy Export Council (USDEC), spurred the May 17 introduction of the bipartisan Safeguarding American Value-Added Exports (SAVE) Act, a milestone in the organizations’ efforts to preserve common cheese names in export markets around the world.

Outlined and supported by NMPF, CCFN and USDEC, the SAVE Act would amend the Agricultural Trade Act of 1978 in two keys ways by:

  • Explicitly defining “common names” as a term ordinarily used for marketing a food product, as determined by the U.S. Department of Agriculture (USDA);
  • Defining foreign restrictions of those common names as an unfair trade practice; and
  • Directing USDA to “coordinate with the U.S. Trade Representative to proactively defend the right to use common names for agricultural commodities or food products in their markets” through various negotiating tools.

The legislation calls for USDA and USTR to use bilateral, plurilateral, or multilateral agreements, memoranda of understanding, and other instruments to ensure that American dairy and other agricultural producers will be able to use the common names in food and beverage exports.

Led in the Senate by Sens. John Thune, R-SD, Tammy Baldwin, D-WI, Roger Marshall, R-KS, and Tina Smith, D-MN, and in the House by Reps. Dusty Johnson, R-SD, Jim Costa, D-CA, Michelle Fischbach, R-MN, and Jimmy Panetta, D-CA,, NMPF plans to work with the bill’s leads to ensure the legislative text is captured in the Farm Bill. That would mark the first farm bill effort on common names.

Given the outsized impact that illegitimate geographical indications have on American cheesemakers, the SAVE Act signifies a much-needed development that would benefit the U.S. dairy industry should it become law. NMPF will continue to work with its allied organizations and supporting members to ensure passage of this important new tool.

USTR Report Emphasizes Importance of Preserving Common Food Names

Posted on by Theresa Sweeney

NMPF’s efforts to protect the rights of dairy producers to use common names such as parmesan or feta were supported by the U.S. Trade Representative’s (USTR) office in its April 26 report on international challenges to intellectual property rights.

In its annual Special 301 Intellectual Property Report, USTR highlighted several policy concerns that NMPF and USDEC raised in joint comments filed on Jan. 30, as well as in a separate filing by the Consortium for Common Names (CCFN), which NMPF’s trade policy team staffs.

The report describes in detail the European Union’s ongoing campaign to abuse and misuse geographical indication (GI) rules to confiscate generic food and beverage terms and prevent U.S. producers from selling certain common name foods in specific markets:

The EU GI system and strategy “adversely impact access for U.S. and other producers in the EU market and other markets by granting protection to terms that are considered in those markets to be the common name for products,” the report stated.  “The EU has granted GI protection to thousands of terms that now only certain EU producers can use in the EU market, and many of these producers then block the use of any term that even ‘evokes’ a GI.

“As part of its trade agreement negotiations, the EU pressures trading partners to prevent any producer, except from those in certain EU regions, from using certain product names, such as fontina, gorgonzola, parmesan, asiago, or feta. This is despite the fact that these terms are the common names for products produced in countries around the world.”

NMPF will continue to engage USTR and the rest of the administration to turn these concerns into concrete actions. The U.S. government has a full suite of tools at its disposal, including existing free trade agreements and upcoming trade negotiations, to establish firm and lasting market access protections with U.S. trading partners around the world.

Court of Appeals Extends Huge Victory for Worldwide Producers of “Gruyere”

Posted on by Theresa Sweeney

Today, the National Milk Producers Federation (NMPF), Consortium for Common Food Names (CCFN), U.S. Dairy Export Council (USDEC), and a coalition of other dairy stakeholders prevailed in their ongoing battle to protect the right of producers to use generic names in the U.S. market.

The U.S. Court of Appeals for the Fourth Circuit upheld the prior decisions of the U.S. District Court for the Eastern District of Virginia and of the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board in finding “gruyere” to be a generic term for a variety of cheese. The Fourth Circuit’s clear decision should put an end to the attempt by Swiss and French consortiums to expropriate a common food name through a U.S. certification mark registration.

The Fourth Circuit found that the evidence “is ‘so one-sided’ that there is no genuine issue as to any material fact and Opposers must prevail as a matter of law. “ The Court reasoned that the “the common usage of gruyere ‘establish[es] that when purchasers walk into retail stores and ask for [gruyere], they regularly mean’ a type of cheese, and not a cheese that was produced in the Gruyère region of Switzerland and France.“  The Fourth Circuit concluded that “the Consortiums cannot overcome what the record makes clear:  cheese consumers in the United States understand ‘GRUYERE’ to refer to a type of cheese, which renders the term generic.”

For over a decade, well-resourced European interests have attempted to confiscate common names to prevent non-European producers from using long-established generic terms, essentially monopolizing the ability to produce certain products for producers in limited and specific regions.

This decision reinforces that generic terms like “gruyere” refer to types of food, and a method of production regardless of where they are produced.

“The United States remains a bastion for the defense of consumers’ and producers’ property rights that have been trampled in Europe and many countries around the world,” said Jaime Castaneda, executive director for CCFN. “The court has sent a clear message that European attempts to stop American producers from using generic food names in the U.S. will be firmly rejected. It is a momentous victory for American consumers, farmers and food manufacturers.”

USTR Amplifies NMPF Concerns on Common Cheese Names in Key Report

Posted on by Theresa Sweeney

NMPF push for U.S. action to address the EU’s campaign to claim exclusive rights to use common food names like “parmesan” and “feta” were highlighted in by the U.S. Trade Representative’s (USTR) office in an April 27 report on intellectual property impediments around the world.

USTR included in its annual Special 301 Intellectual Property Report  numerous policy concerns raised in January in a joint filing by NMPF and USDEC and also detailed in a separate filing by the Consortium for Common Food Names (CCFN), which NMPF’s trade policy team staffs.

Echoing alarms raised by NMPF, USDEC and CCFN, the USTR report outlined global challenges on intellectual property issues, describing in detail the European Union’s (EU) campaign to eliminate competition in the global marketplace by restricting the use of common food and beverage terms.

“As part of its trade agreement negotiations, the EU pressures trading partners to prevent any producer, except those in certain EU regions, from using certain product names, such as fontina, gorgonzola, parmesan, asiago, or feta,” USTR’s report noted “This is despite the fact that these terms are the common names for products produced in countries around the world.”

While NMPF appreciates the accurate diagnosis of the EU’s deliberate global strategy, the organization is asking the administration to develop a proactive common food name strategy to counter EU efforts. The government has a broad range of tools at its disposal, including Free Trade Agreements, the upcoming Indo-Pacific Economic Framework negotiations and Trade and Investment Framework Agreements, which should be used to establish concrete market access protections with U.S. trading partners around the world.

U.S. Trade Representative Remarks on EU GI Abuses in Special 301 Report

Posted on by Theresa Sweeney

The Consortium for Common Food Names (CCFN), U.S. Dairy Export Council (USDEC) and National Milk Producers Federation (NMPF) today welcomed the U.S. Trade Representative’s prioritization in this year’s Special 301 Report of the importance of preserving U.S. food and beverage producers’ market access rights in the face of persistent efforts by the European Union (EU) to misuse geographical indications (GIs) and create non-tariff barriers to trade in markets around the world. The report follows detailed comments on the global scale of various common name threats submitted in January by CCFN and supported by USDEC and NMPF.

This annual report outlines global challenges on intellectual property issues and describes in detail the European Union’s (EU) campaign to eliminate competition by restricting the use of common food and beverage terms, such as “parmesan,” “bologna” and “chateau.” The EU’s strategy, active in numerous countries around the world, erects unfair barriers to trade that negatively impact non-EU exporters relying on common food names, as illustrated by USTR’s report which noted, “As part of its trade agreement negotiations, the EU pressures trading partners to prevent any producer, except from those in certain EU regions, from using certain product names, such as fontina, gorgonzola, parmesan, asiago, or feta. This is despite the fact that these terms are the common names for products produced in countries around the world.”

“We whole-heartedly agree with USTR about the harm imposed by the EU’s deliberate restriction of generic food and beverage terms in markets around the world,” said Jaime Castaneda, executive director of CCFN. “USTR’s Special 301 report should serve as a foundation upon which the administration can build a more proactive and focused global campaign of its own to counteract the EU’s long running efforts. U.S. farmers and food producers, and others around the world, deserve the chance to compete fairly in export markets.”

“The U.S. government has accurately diagnosed the EU’s deliberate global strategy of cloaking nontariff trade barriers as ‘GIs’ so that it doesn’t have to compete head-to-head in common product categories with U.S. food producers,” said Jim Mulhern, president and CEO of NMPF. “By deploying all of the tools at its disposal, including use of existing U.S. FTAs, the upcoming IPEF talks and TIFAs, the administration can take strong action to establish concrete market access protections with our trading partners around the world. The time for this is now and we stand ready to support those proactive efforts on behalf of American farmers.”

“Because we export the equivalent of 17% of U.S. milk production, trade barriers like bans on the use of common cheese names have profound consequences for the entire American dairy industry, from the many small and medium-sized family-owned companies to farmer-owned cooperatives and the workers employed there,” said Krysta Harden, president and CEO of USDEC. “U.S. dairy farmers and cheesemakers only want a fair shot at sharing their high-quality, sustainably produced products with consumers around the globe. By doubling down on combating global restrictions on the sale of common name products, USTR can defend opportunities for American-made products internationally and the jobs they support here at home.”