NMPF Statement on the DAIRY PRIDE Act

From NMPF President & CEO Gregg Doud: 

“FDA’s continued failure to enforce its own rules on the proper labeling of plant-based alternative products is a public health problem, plain and simple. 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. But plant-based imitation products that are not nutritionally equivalent to real milk and do not deliver dairy’s unique nutrient package for too long have been allowed to imply to consumers that they are just like the real thing, creating a public health problem that FDA commissioners have acknowledged over the past decade.

“The DAIRY PRIDE Act directs FDA to enforce dairy standards of identity, which were developed to promote honesty and protect consumers. Through the standards of identity, dairy terms, including “milk”, “cheese” and “yogurt,” have come to carry distinct meaning in the minds of consumers, with built-in expectations for nutritional values. By not enforcing these standards, FDA has allowed plant-based imitators to prey on consumers’ expectations while delivering nutritionally inferior products.

It’s high time FDA makes it easier for consumers to navigate the choices they face in the grocery aisles; the DAIRY PRIDE Act is an important step in the right direction. Dairy farmers and their cooperatives thank Reps. John Joyce and Josh Riley for their bipartisan leadership in finding solutions through this critical legislation.

 

Note: Last night, Reps. John Joyce, R-PA, and Josh Riley, D-NY, reintroduced the bipartisan DAIRY PRIDE Act in the House of Representatives. The legislation would deem food products that are making inaccurate claims about milk content “misbranded” and require FDA to issue guidance for nationwide enforcement of mislabeled imitation dairy products within 90 days.

 

FDA Proposal Eliminates 18 Dairy Standards; NMPF Seeks input

The Food and Drug Administration proposed July 16 to revoke 18 standards of identity (SOIs) for dairy products, concluding that these standards are no longer necessary to promote honesty and fair dealing in the interest of consumers. NMPF finds several of the changes problematic and is seeking member input on what to do next.

FDA in its action said it wants to get rid of three categories within the standards of identity rules: Products no longer on the market, foods covered by different regulations, and combination foods. NMPF believes FDA’s analysis is wrong in some cases about products they claim are not in the marketplace.

“If these products are still being made and FDA takes them off the Standards of Identity list, then those foods can be made any way anyone wants and they will be able to be called that food. That’s going to wind up with consumers getting things with no idea of what they’re getting,” Senior Vice President of Regulatory & Environmental Affairs Clay Detlefsen said.

NMPF is asking its members to notify Detlefsen at cdetlefsen@nmpf.org whether their co-op still produces any of the products on FDA’s list and if losing the Standard of Identity will negatively affect their business. Based on that feedback, NMPF will determine whether to request a formal administrative hearing in addition to its written comments submitted by the Sept. 15 deadline for the proposed rule.