Tag: dairy labeling

Congress can stand up for dairy’s nutrition

Posted on by Alan Bjerga

By Paul Bleiberg, Executive Vice President, Government Relations, National Milk Producers Federation

Milk and dairy products supply 13 essential nutrients, including three that continue to be identified as nutrients of public health concern: calcium, potassium, and vitamin D.

The U.S. Department of Agriculture and the Department of Health and Human Services have historically recognized dairy’s important value in the Dietary Guidelines for Americans, which are updated once every five years and are due next year. The 2025-2030 Dietary Guidelines should continue to maintain dairy as a distinct food group, one that does not include plant-based imitation products that are not nutritionally equivalent to real milk and do not deliver dairy’s unique nutrient package.

But before the new guidelines are completed, Congress has the opportunity this year to highlight dairy as a nutrition powerhouse that cannot be easily replicated. Below the radar of a tumultuous presidential election year, the bipartisan DAIRY PRIDE Act, introduced in both houses of Congress, has steadily picked up additional support, with nearly 50 members now cosponsoring the House measure.

The DAIRY PRIDE Act directs the Food and Drug Administration (FDA) to enforce dairy standards of identity, which are rooted in dairy’s critical nutrient profile and the fact that milk is the product of an animal that can’t be replicated by substitute ingredients or concocted in a lab. Standards of identity were developed to promote honesty and fair dealing in the interest of consumers. These terms, including “milk” and “cheese,” have come to carry distinct meaning in the minds of consumers, with built-in expectations for nutritional values.

FDA’s continued failure to require the proper labeling of plant-based alternative products is a public health problem, plain and simple. When consumers make misguided, but well-intentioned, decisions to purchase imitation products in place of real dairy, the result will be more and more Americans not meeting the recommended intake of dairy outlined in the Dietary Guidelines for Americans. Multiple public health organizations have given voice to this concern, urging that young children not be fed most plant-based alternatives in place of real dairy as their nutrition profiles are largely not equivalent.

After years of anticipation, FDA issued proposed guidance last year intended to address this topic. But while the agency acknowledged the nutritional inferiority of most plant-based imitation products relative to real dairy, FDA still made no attempt to dissuade the makers of these products from labeling them using dairy terms – the true cause of consumer confusion.

The DAIRY PRIDE Act would fix this by deeming mislabeled dairy imitators as misbranded. It then would require FDA to promptly require the proper labeling of alternative products – without the unfettered use of dairy terms. This pro-public health, truth-in-labeling bill would spotlight dairy as a unique source of essential, underconsumed nutrients and can swiftly pass Congress before year’s end.

This column originally appeared in Hoard’s Dairyman Intel on Aug. 15, 2024.

NMPF Defending Need for Dairy Foods in Dietary Guidelines Refresh

Posted on by Chris Galen

NMPF’s Director of Regulatory Affairs, Miquela Hanselman, explains to Dairy Radio Now listeners what to expect in the coming year from the federal government’s twice-a-decade-effort to generate food consumption recommendations through the Dietary Guidelines for Americans.  NMPF has been providing input the past two years to the scientific experts considering how dairy foods fit into an overall healthy diet, as the refreshed guidelines are due in 2025.

Members of Congress Press FDA to Enforce Dairy Terms for Better Public Health

Posted on by Theresa Sweeney

NMPF helped members of Congress elevate the urgency for the Food and Drug Administration to finally enforce dairy product standards of identity through pointed questions asked when the agency appeared before Congress last month to present its fiscal year 2025 budget request.

Rep. Nick Langworthy, R-NY, raised the issue with FDA Commissioner Robert Califf when he appeared April 11 before the House Oversight and Accountability Committee.

Langworthy emphasized the significant research that has linked numerous health issues in children to the consumption of plant-based dairy imitators in place of real milk. He also pointed to the confusion that exists in the marketplace regarding the nutritional content of these imitation products, which NMPF and numerous public health organizations have conveyed to FDA.

Califf agreed with Langworthy on the importance of consumer understanding of the nutritional differences between dairy products and plant-based imitators. However, he suggested that court rulings have hamstrung the agency’s ability to require the proper use of terms on a product label.

That, however, wasn’t the end of the conversation.

Rep. John Moolenaar, R-MI, picked up where Langworthy left off when Califf appeared April 18 before the House Appropriations Subcommittee on Agriculture. Moolenaar followed up on Califf’s remarks the week prior, pointing out that court rulings do not prevent FDA from requiring plant-based dairy imitators to use disclaimers such as ‘substitute’ or ‘alternative,’ as NMPF had previously recommended in its 2019 Citizen Petition. Califf once again agreed with the need to ensure consumers are aware of the nutritional differences between products. However, in response to a follow up question from Moolenaar, he did not commit to using disclaimers in the interest of public health.

NMPF is grateful for the continued support from members of Congress in both parties who for years have urged FDA to simply do its job and enforce the law. The agency’s continued inaction underscores the importance of congressional passage of the bipartisan, bicameral DAIRY PRIDE Act that would solve this problem.

Overcoming challenges is what we do

Posted on by Alan Bjerga

By Randy Mooney, Chairman, NMPF Board of Directors

We’ve had a lot of achievements this year, but it’s also been a challenging time.

A year ago, costs on the farm were extremely high, but we had prices that would cover that. This year, costs are still high, but prices are down. That’s a lot of stress on the farm. And we’re also dealing with problems that we’ve dealt with for years.

There are labor problems; you just can’t find anybody to work. Supply chain disruptions are closer to the farm this year. It’s milk trucks getting milk off the farm; it’s feed trucks bringing feed into the farm. It’s getting simple parts that we took for granted we could get anytime we wanted to. There are geopolitical issues and extreme weather events.

We have challenges all the time, but it just seems like we continue to have more. It seems like we’re in the eye of a storm. But as farmers, we always anticipate a moment before the dawn, before things turn, before things get good again.

One of the things I’ve learned is that a lot of the world is envious of what we have.

They’re envious because we have the Farmers Assuring Responsible Management (FARM) Program, a self-governing program. We have a government that recognizes what we’re doing with sustainability — it’s not being mandated down from the top.

We’re taking care of our own. Today, we produce more milk using fewer and fewer natural resources. We’re revitalizing rural communities. For every dollar generated in dairy farming, it turns over three to seven times in local communities, generating $750 billion in the United States. That‘s pretty impressive.

We’re nourishing families around the world through milk’s unbeatable nutritional value. I’ve dairy farmed for a long time, through good times and bad times, but there’s never been a time that I haven’t laid my head down on my pillow at night and been proud of what I accomplished on my farm. We’re putting the most nourishing, most nutritious product known to man in that milk tank. And when that truck leaves, I know I’ve done something good.

Our ability to evolve how we work and adapt our resiliency is becoming more and more important. This year, we came together as an industry to unite around issues that helped build that resiliency. NMPF worked with member co-ops, farm bureaus, and state dairy organizations to come to consensus on the most substantial issues. Even going back to 2021, when you talk about Federal Milk Marketing Order modernization, we’ve worked hard to get these things done. Nobody knows what the outcome’s going to be, but you telling your story has made a difference.

Beyond that, we’re going to get a farm bill passed — we’re going have an extension. We’ve been working to implement the next version of FARM, FARM 5.0, that goes into effect in July. We also will work on promoting dairy’s sustainable nutrition. Dairy offers the most complete nutritional package available, and what’s amazing is that as we produce more milk, we’ll continue to use fewer natural resources. That’s the definition of sustainable nutrition.

For years, we’ve talked about sustainability in terms of environmental stewardship and how that translates into financial value for farms. Now, the financial values are there. You take solar panels, wind, methane digesters, and a lot of things happen on a farm that’s generating electricity to run your farms and to run your neighbor’s households. We’re there now. What we need is conservation funding in the farm bill through USDA grants through state and federal programs. There’s real money available to help us continue to do that, and we will.

No imitation food from a nut, a bean, or grain can hold a candle to dairy’s nutritional package. We all know that. That’s why it’s important to keep fighting the fight on plant-based alternative labeling. In the guidance that was issued earlier this year, the Food and Drug Administration (FDA) recognized and admitted that plant-based alternatives are nutritionally inferior to real dairy.

Dairy protein plays a critical role in feeding people around the world, and it can’t be replaced by alternatives, including plant-based. Consumers have the right to understand how they’re nourishing their families, and we’re going to continue to advocate for the Dairy PRIDE Act to try to get that passed in Congress.

We’re going to continue to fight for more flavored milk in schools and higher fat levels, especially for those children whose main source of nutrition is through the school milk program. Milk is essential to their diets, and we’re not going to give up that fight. We’re all part of an industry that’s doing remarkable things. We are winning.

This has been adapted from Chairman of the NMPF Board of Directors Randy Mooney’s speech at the National Milk Producers Federation annual meeting in Orlando, Fla., on Nov. 14, 2023. This column originally appeared in Hoard’s Dairyman Intel on Nov. 22, 2023.

Regulatory Staff Protect and Advance Dairy

Posted on by Theresa Sweeney
  • Pushed for labeling integrity and FDA to enforce its own standards of identity, filing extensive comments in response to its draft guidance on plant-based beverage labeling
  • Personally urged FDA Commissioner Robert Califf to develop labeling standards for cell-based and synthetic “dairy” products
  • Successfully advocated for dairy cooperatives and their producer members at the National Conference of Interstate Milk Shipments to ensure they have a voice in any updates made to the Pasteurized Milk Ordinance
  • Filed comments on FDA’s proposed “healthy” definition pushing for milk, cheese and yogurt to qualify, thus better educating consumers on dairy’s nutritional benefits
  • Outlined animal health priorities with USDA APHIS

Regulatory work is often just as much about fighting against harmful rules, as it is pushing for positive change. Efforts this year have ranged from pressuring FDA to enforce its own standards of identity for milk and develop labeling standards for cell-based products to representing member views on issues including the biannual update of the Pasteurized Milk Ordinance and EPA PFAS regulations.

FDA’s draft guidance on labeling for plant-based beverages released in February encourages plant-based beverage manufacturers who choose to use dairy terms to voluntarily disclose their nutritional differences with real milk. NMPF regulatory staff submitted comments July 31 emphasizing the importance of transparent product labeling to ensure consumer understanding FDA’s need to enforce its own standards of identity for milk.

NMPF staff also elevated the need for FDA to develop labeling standards for cell-based products to end dairy product mislabeling and prevent a repeat of the plant-based labeling fiasco through a conversation and letter addressed to Commissioner Califf sent on June 26.

The biannual National Conference of Interstate Milk Shipments convened in April to revise the Pasteurized Milk Ordinance, with NMPF regulatory staff playing a vital role in the conference deliberations. NMPF submitted three proposals at the conference, dealing with on-farm biosecurity and defining equivalency – all of which had positive outcomes.

Following a proposed rule from FDA to update the labeling definition of “healthy” to align more closely with the Dietary Guidelines for Americans (DGA), NMPF urged FDA to include a broader range of dairy products, thus educating consumers about dairy’s nutritional value and improve consumption closer to DGA recommendations.

NMPF in August met with USDA Animal & Plant Health Inspection Service (APHIS) leadership to discuss dairy’s domestic and international animal health priorities. Staff emphasized the importance of collaboration between industry and government on preparedness for foreign animal diseases such as Foot and Mouth Disease.

To further NMPF’s antibiotic stewardship work, Chief Science Officer Jamie Jonker, Ph.D., was appointed to the Global Leaders Group on Antimicrobial Resistance to provide an animal health perspective to the group’s goal of strengthening global political momentum on the issue.

NMPF’s Bjerga on Why Milk’s Widening Its Lead Over Plant-Based Beverages

Posted on by Alan Bjerga

NMPF Senior Vice President of Communications discusses the shifting consumer preference toward milk over plant-based beverages, plus NMPF’s latest efforts toward labeling integrity, on RFD-TV. Consumer data shows consumption of plant-based drinks falling this year, while milk sales are remaining more stable. Meanwhile, NMPF has submitted comments to FDA urging it to enforce its Standard of Identity that clearly state that milk is an animal product.

 

NMPF’s Galen on FDA’s Draft Plant-Based Labeling Guidance

Posted on by Theresa Sweeney

Chris Galen, NMPF’s senior vice president of membership services and strategic initiatives, discusses NMPF’s latest effort to prevent misleading labeling on Dairy Radio Now. While FDA’s draft guidance on plant-based beverages acknowledges the public health concern regarding nutritional confusion, it falls short of ending the decades-old problem of misleading plant-based labeling using dairy terminology, he says. Galen discusses the comments NMPF submitted to FDA this week that emphasize the importance of transparent product labeling to ensure consumer understanding and informed purchasing decisions.

 

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

Posted on by Theresa Sweeney

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, NMPF said in comments submitted to the agency July 30.

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.

Lab-based ‘milk’ Labeling Fight Is Here

Posted on by Alan Bjerga

By Clay Detlefsen, Chief Counsel, NMPF

One would think that four decades’ worth of lessons would lead to some truths being learned. But as laboratory-based dairy imitators enter the marketplace, the U.S. Food and Drug Administration (FDA) seems poised to repeat the same mistakes it has made with plant-based beverages, in which their labels mislead consumers into confusing one thing with something very different.

At issue is a product called “Bored Cow,” which markets itself as “milk.” While the product does include a whey protein that’s the product of fermentation in a laboratory setting, other elements on its long list of exotic ingredients show what should be obvious to every consumer: This isn’t milk as nature has ever known it.

NMPF has been fighting with FDA over its lack of enforcement of dairy standards of identity for decades. What Bored Cow is doing is taking one whey protein that’s synthetically made by precision fermentation, blending that with a myriad of other food ingredients that are quite disgusting-sounding in many cases, and calling the product “dairy milk.”

That’s the wrong description for what they’re selling.

Milk has 13 essential nutrients. It contains 400 different fatty acids. It has got two categories of proteins, casein and whey, numerous micronutrients, and it’s an incredibly complex matrix that delivers an enormous nutritional package for consumers. You cannot replicate that in a laboratory. Milk is natural and it’s good for you. And you can’t duplicate what comes from a cow in a stainless steel vat.

But so far, FDA is allowing this violation of its standards of identity to persist, though finally after decades of inaction, FDA has gotten the message that consumers are confused and misled about the nutritional inferiority of most if not all plant-based milk alternatives. We are still hopeful FDA will step up and enforce its rules. Earlier this year, FDA proposed a voluntary labeling guidance in which they ask marketers of plant-based milk alternatives to voluntarily disclose their products’ nutritional offerings and, in most cases, those products’ nutritional inferiorities.

While NMPF appreciates the more explicit side-by-side comparison, the overall FDA guidance is flawed and we want it withdrawn. When it comes to Bored Cow and its one synthesized dairy protein, we are concerned that this, too, is a nutritionally inferior imitator that will mislead consumers and deliver a mediocre product that could harm human health.

One caveat that lab-based companies are using to distinguish themselves from plant-based imitators is that their products include one component of dairy milk. While that’s the case, it doesn’t change how very different in overall composition these products actually are — the same fundamental challenge that is also at the root of concerns over plant-based labeling. In both cases, processors are largely ignoring existing rules and regulations and doing whatever they want — not in the consumer’s interest but in their own. It’s sloppy, lazy marketing and it needs to stop.

As with plant-based foods, FDA needs to enforce its rules and regulations and send a clear message to the plant-based folks, and now the synthetic “milk” processors, that the dairy rules are on the books, and they, like everyone else, have to follow them. Otherwise, the integrity of the marketplace — and the FDA’s role as the protector of consumer interests — will continue to erode. That’s not what consumers deserve. And it’s completely preventable — if only, after four decades, FDA finally learns.

This column originally appeared in Hoard’s Dairyman Intel on July 31, 2023.