NMPF Executive Vice President, Policy Development & Strategy Jaime Castaneda shares with Dairy Radio Now listeners how NMPF has been working with the Trump administration on pressing trade issues and immigration, and how NMPF advocates for U.S. dairy.
Tag: common food names
NMPF Leads Charge in Dynamic Trade Environment
- Advocated for dairy priorities in administration’s Reciprocal Trade Deals
- Secured the reintroduction and advancement of key common names bill
- Spurred federal investigation into global nonfat milk solids marketplace
- Expanded network of allied organizations
- Advanced key supply chain initiatives
NMPF has actively navigated the new administration’s proactive and unconventional trade approach to forge better global prospects for U.S. dairy exporters.
As the Trump administration’s trade negotiations unfold, NMPF Executive Vice Presidents Jaime Castaneda and Shawna Morris are serving as confidential private sector advisers to the U.S. Trade Representative and U.S. Department of Agriculture, offering guidance to ensure that U.S. dairy interests are represented and pursued across the globe.
To date, the United States announced trade frameworks with key dairy trading partners including South Korea, the European Union, the United Kingdom, Japan, Vietnam, the Philippines, and Indonesia. These frameworks vary in scope and detail and are designed to set the stage for more detailed negotiations to follow soon.
The frameworks with Indonesia, Vietnam and the Philippines are particularly promising for dairy exporters. It appears likely that all three countries will zero out tariffs on U.S. dairy exports, leveling the playing field with New Zealand and Australia, and in some cases the European Union too. Indonesia’s framework also addresses longstanding barriers that have made it difficult for American companies to compete in the market. This includes dairy facility registration approval improvements and steps that would help protect common name rights in Indonesia for products like “parmesan” and “feta.” Details on all announced trade details are forthcoming.
In addition to providing guidance as cleared advisors, NMPF worked hard in the months leading up to the negotiations to lay the groundwork for success. As the administration began to fill out its cabinet and agency positions, NMPF and the U.S. Dairy Export Council (USDEC) shared trade priorities with incoming USTR and USDA officials to improve the global competitive landscape for U.S. dairy exporters. NMPF President and CEO Gregg Doud testified before the House Ways & Means Trade Subcommittee, where he called for the U.S. government to pursue greater market access for U.S. products and enforce existing trade agreements.
Throughout its meetings and engagements with the Trump Administration, NMPF has stressed the need to preserve trade flows, while encouraging a tailored approach to tariffs that ensure fairness for U.S. farmers and workers.
NMPF remained active in multiple trade-related areas that went beyond negotiations, for example supporting the Apr. 1 reintroduction of the Safeguarding American Food and Export Trade Yields (SAFETY) Act and continuing additional efforts to proactively protect common food names for American cheesemakers. Originally introduced as the Safeguarding American Value-Added Exports (SAVE) Act in 2023, the SAFETY Act would direct the U.S. Department of Agriculture and U.S. Trade Representative to prioritize the protection of common names like “parmesan” in international trade negotiations.
As Congress and the administration prepare for next year’s critical U.S.-Mexico-Canada Agreement (USMCA) review process, NMPF is engaging with and supporting the U.S. Trade Representative’s office and other key stakeholders to ensure that they have the information needed to strengthen the agreement for U.S. dairy producers and exporters.
A particular issue that needs addressing is Canada’s dairy policies that incentivize dairy protein to be produced, then offloaded globally at artificially low prices — including by shifting tariff codes to evade USMCA export surcharges.
NMPF responded to this issue by pressuring the administration to address Canada’s persistent flouting of USMCA commitments, which led to a U.S. International Trade Commission (USITC) investigation launched May 20 into the export competitiveness of nonfat milk solids industries in the United States and other major suppliers. NMPF submitted written comments as part of that investigation outlining underhanded practices by Canada and other global suppliers that harm U.S. producers. NMPF’s Jaime Castaneda and Will Loux further elaborated on those points at a July 28 USITC hearing in the case.
NMPF has expanded its network of international allies, strengthening its ability to advocate for U.S. dairy worldwide. During a March 17-20 trip to Central America, Castaneda closed a memorandum of understanding (MOU) between NMPF, USDEC, and the Guatemalan Dairy Development Association (ASODEL). The agreement strengthens ties between the U.S. and Guatemalan dairy industries as they advocate for free and fair-trade policies and promote greater dairy consumption.
NMPF and USDEC signed an MOU May 1 with KADIN, the Indonesian Chamber of Commerce, strengthening ties between the U.S. and Indonesian dairy industries. This agreement builds on a flourishing partnership between the two countries, launched by the establishment of the U.S.-Indonesia Dairy Partnership Program. This collaboration is focused on creating and distributing technical educational materials designed to empower small-scale dairy producers in Indonesia to improve the quality and quantity of their milk production while touting the value of complementary U.S. dairy imports to meet the full needs of Indonesia’s expanding school milk program.
To ensure that U.S. dairy exporters can depend on timely and reliable shipping and rail transportation, NMPF is prioritizing supply chain improvements.
USTR on Feb. 21 proposed to impose fees on Chinese-built and -operated cargo ships as part of a larger investigation into Chinese maritime dominance. While this action was well-intentioned, NMPF and USDEC filed comments on March 24 to warn the agency that additional service fees would significantly increase costs for American exporters and diminish shipping options for U.S. products — both of which could lead to loss of global market access. USTR heard the industry pushback and modified the rule on June 12 rolled back the severity of the proposed fees. NMPF continues to urge the agency to re-evaluate the remaining fees to ensure U.S. dairy exporters do not face additional costs to export.
NMPF-Led Common Names Bill Reintroduced in Congress
NMPF, USDEC and the Consortium for Common Food Names (CCFN) welcomed the April 1 reintroduction of the bipartisan SAFETY (Safeguarding American Value-added Exports) Act that would protect the rights of U.S. dairy producers to use common food names like “parmesan” and “feta” in global markets.
Shaped and championed by NMPF, USDEC and CCFN, the legislation, first introduced in May 2023, would amend the Agricultural Trade Act of 1978 by:
- Establishing a list of names at risk and 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 bill is sponsored by Sens. John Thune, R-SD, Tammy Baldwin, D-WI, Roger Marshall, R-KS, and Tina Smith, D-MN, in the Senate and Reps. Dusty Johnson, R-SD, Jim Costa, D-CA, Michelle Fischbach, R-MN, and Jimmy Panetta, D-CA, in the House. It marks a renewed effort to counter the European Union’s attempts to monopolize generic names in markets around the world by misusing geographical indications rules, effectively blocking access for American cheese exporters.
“Losing the right to use common names has direct, on-the-ground consequences for U.S. dairy farmers,” said Gregg Doud, President and CEO of NMPF. “The Safeguarding American Value-added Exports Act is an important milestone to making that a reality.”
Bipartisan Group of Lawmakers Reintroduce Bill to Protect Common Names
The National Milk Producers Federation (NMPF), U.S. Dairy Export Council (USDEC), and Consortium for Common Food Names (CCFN) praised yesterday’s reintroduction of the Safeguarding American Food and Export Trade Yields Act (SAFTEY Act).
Led by Senators John Thune, R-SD, Tammy Baldwin, D-WI, Roger Marshall, R-KS, and Tina Smith, D-MN, in the Senate and Representatives Dusty Johnson, R-SD, Jim Costa, D-CA, Michelle Fischbach, R-MN, and Jimmy Panetta, D-CA, in the House, the bipartisan legislation would direct USDA to partner with the U.S. Trade Representative (USTR) to prioritize the protection of common names like “parmesan” and “bologna” in international trade negotiations.
“For years, many foreign countries have succumbed to the EU pressures to exploit geographical indication rules to confiscate common food and beverage names that American and foreign producers in the new world have used for generations,” said Jaime Castaneda, Executive Director of CCFN. “This lack of action has cost U.S. producers too much for too long. The Safeguarding American Food and Export Trade Yields Act is a critical step toward ensuring that American producers can count on their government to establish a policy of fairness in the global market. We thank Senators Thune, Baldwin, Marshall and Smith and Representatives Johnson, Costa, Fischbach and Panetta for their steadfast support.”
Since 2009, the EU has used trade negotiations and geographical indication (GI) rules to confiscate common names for their own producers—essentially monopolizing certain products in specific markets. For American farmers and manufacturers, this has led to lost commercial opportunities overseas and expensive fights domestically. The EU has escalated this campaign in recent years, coercing third-party countries to adopt the EU’s GI rules as part of trade negotiations.
“When the EU restricts our ability to market and sell our cheeses using ‘parmesan,’ ‘feta,’ and ‘asiago,’ it costs U.S. dairy producers markets and consumers that our members have built up over years,” said Krysta Harden, President and CEO of USDEC. “It is past time that the U.S. government take a more proactive approach to tackling this challenge. A new emphasis on common name protections—headlined by the SAFETY Act—will ensure that our producers can compete on a more level playing field around the world. Thank you to Senators Thune, Baldwin, Marshall and Smith and Representatives Johnson, Costa, Fischbach and Panetta for leading this important effort.”
By amending the Agricultural Trade Act of 1978, the legislation defines “common names” and directs USDA to join forces with USTR to proactively defend these terms in export markets. Originally introduced in May 2023, the bill represents the first farm bill effort on common names.
“Losing the right to use common names has direct, on-the-ground consequences for U.S. dairy farmers,” said Gregg Doud, President and CEO of NMPF. “We appreciate Senators Thune, Baldwin, Marshall and Smith and Representatives Johnson, Costa, Fischbach and Panetta taking up this fight. U.S. producers deserve fair competition. The SAFETY Act is an important milestone to making that a reality.”
Regulatory Register – Fall 2024
U.S., Chile Strike Landmark Common Names Agreement
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.
NMPF’s Castaneda on Colombian Trade, FMMO
NMPF Executive Vice President, Policy Development & Strategy Jaime Castaneda discusses potential dairy trade issues between the U.S. and Colombia, the latest on FMMO updates, and common food names with host Jesse Allen on this Agriculture of America podcast.
NMPF Testifies on Common Names
NMPF Executive Vice President for Policy Development & Strategy Jaime Castaneda testified on the need for greater action from the U.S. government to proactively negotiate common names protections with trading partners, during a Feb. 21 hearing hosted by the U.S. Trade Representative’s (USTR) office.
The hearing highlighted the agency’s annual Special 301 process, which seeks to identify intellectual property trade abuses around the world and set up USTR’s IP priorities for the following year.
NMPF and USDEC submitted joint comments in January that complemented a more comprehensive submission from the Consortium for Common Food Names. All three organizations emphasized the urgency of the issue and highlighted the damage done to American cheesemakers when they are not allowed to use the generic terms that consumers have known and loved for generations.
Cheese-Name Fight Vital for Industry
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.
Bipartisan Group of Members of Congress Introduce Legislation to Strengthen Common Name Protection in Upcoming Farm Bill
A coalition of American agricultural organizations hail introduction of legislation to proactively establish protections for foods and beverages using common terms in export markets.
The National Milk Producers Federation (NMPF), U.S. Dairy Export Council (USDEC), Consortium for Common Food Names (CCFN) and allied organizations commend today’s introduction of the Safeguarding American Value-Added Exports (SAVE) Act to promote the protection of common names in the 2023 Farm Bill. Led in the Senate by Sen. John Thune (R-SD), Tammy Baldwin (D-WI), Roger Marshall (R-KS) and Tina Smith (D-MN) and led in the House by Representatives Dusty Johnson (R-SD), Jim Costa (D-CA), Michelle Fischbach (R-MN) and Jimmy Panetta (D-CA), the language would explicitly direct USDA Foreign Agricultural Services (FAS) to work with the U.S. Trade Representative to include the protection of commonly used terms like “parmesan”, “chateau” and “bologna” as a priority in international negotiations. This is the first farm bill effort on common names.
“The lack of strong action by previous administrations has allowed the European Union to misuse and abuse its geographical indications, hurting U.S. exporters in several markets,” said Jaime Castaneda, Executive Director of CCFN. “This new emphasis on protecting common names is a much-needed step in the right direction to ensure that our producers can sell their products in markets around the world.”
The proposed language would amend the Agricultural Trade Act of 1978 to define “common names” and direct the Secretary of Agriculture to coordinate with the U.S. Trade Representative to proactively defend the right to use common names for agricultural commodities or food products in international markets.
“For years, the European Union has been using illegitimate GIs to boost its own producers at the expense of others, putting a tremendous political priority on giving European companies a leg up over producers in the U.S. and other countries,” noted Castaneda. “It is time that our government takes a more proactive approach to tackling this challenge so that we can turn the tide to stand up for food and beverage producers relying on common names.”
- Many agricultural producers in the United States and around the world depend on common food and beverage terms – such as parmesan, chateau, or bologna – to market and sell their products.
- Since 2009, the EU has used trade negotiations and intellectual property rules to confiscate common names for their own producers – essentially monopolizing certain products in specific markets.
- For American farmers and producers, this leads to lost opportunities overseas and expensive fights domestically, in addition to fewer choices for consumers.
- Recently, there has been significant efforts from the private sector to defend common names, including a favorable U.S. Court of Appeals ruling and actions by congressional champions on Capitol Hill.
USTR Report Emphasizes Importance of Preserving Common Food Names
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”
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.”
