Tag: plant-based

FDA Guidance On Plant-Based Beverages’ Use of Dairy Terms is a First Step, NMPF Says While Calling for Complete Transparency in Labeling

Posted on by Alan Bjerga

In response to today’s FDA guidance on plant-based beverages, which guides manufacturers of plant-based beverages to disclose their nutrient inferiority and acknowledges the public health concern of nutritional confusion over such beverages, the National Milk Producers Federation, which has led the fight for labeling transparency, released the following statement:

From Jim Mulhern, President and CEO of the National Milk Producers Federation:

“Today’s FDA announcement is a step toward labeling integrity for consumers of dairy products, even as it falls short of ending the decades-old problem of misleading plant-based labeling using dairy terminology. By acknowledging both the utter lack of nutritional standards prevalent in plant-based beverages and the confusion over nutritional value that’s prevailed in the marketplace because of the unlawful use of dairy terms, FDA’s proposed guidance today will provide greater transparency that’s sorely needed for consumers to make informed choices.

“Still, the decision to permit such beverages to continue inappropriately using dairy terminology violates FDA’s own standards of identity, which clearly define dairy terms as animal-based products. We reject the agency’s circular logic that FDA’s past labeling enforcement inaction now justifies labeling such beverages “milk” by designating a common and usual name. Past inaction is poor precedent to justify present and future inaction.

“Because FDA’s proposed guidance is meaningless without action, enforcement will be necessary to ensure that this limited progress is reflected on grocery shelves. For these reasons, we will continue our work in Congress to pass the DAIRY PRIDE Act, which would direct FDA to enforce its own rules and clarify that dairy terms are for true dairy products, not plant-based imposters.

“FDA’s last three Senate-confirmed commissioners — from both parties — have each acknowledged the problem of consumer confusion over nutritional content created by beverage labels that use dairy terms to imply qualities they simply don’t have. Medical groups, including the American Academy of Pediatrics, concur with this concern. Today’s proposed guidance at least recognizes this reality: That nutritionally inconsistent concoctions of water, factory-processed powders and other additives simply don’t contain the same nutrition that milk provides.

“As the agency entrusted with protecting consumers from mislabeled products, FDA’s action here takes a step in that direction. And after more than four decades of efforts that have often fallen on deaf ears, we appreciate that today’s agency leadership is beginning to treat plant-based beverage labeling more like the critical issue of nutrition and agency integrity that it is.

“We also would like to thank consumers, who sales data show drank fewer fake dairy beverages in 2022 than in 2021, part of a broader awakening to the bogus marketing of fake milk manufacturers that have been accepted uncritically for far too long. Despite the misinformation spun in advertisements and media, consumers are seeing through the marketing and recognizing these beverages for the fakes that they are. But consumers shouldn’t have to make choices in a marketplace that’s less than fully transparent, and until the federal government fully lives up to its mission, NMPF will continue to lead the battle for labeling transparency.”

For more NMPF discussion of the misleading use of dairy terms on plant-based beverages, see:

https://www.nmpf.org/the-plant-based-lie-that-needs-to-die/

https://www.nmpf.org/say-it-loud-say-it-clear-the-plant-based-beverage-bust-is-here/

https://www.nmpf.org/dairy-wins-on-facts-in-looming-lab-based-labeling-battle/

https://www.nmpf.org/plant-based-higher-cost-lower-quality-be-sure-to-tell-your-barista/

https://www.nmpf.org/fdas-proven-it-can-do-its-job-on-fake-milk-it-can-do-it-again/

https://www.nmpf.org/dairy-defined-lactose-free-milk-is-growing-faster-than-plant-based-you-didnt-know-that/

https://www.nmpf.org/dairy-defined-the-over-hyped-shift-to-plant-based-beverages/

 

 

 

 

Taking a stand for true dairy products

Posted on by Alan Bjerga

By Clay Detlefsen, Senior Vice President for Environmental and Regulatory Affairs, NMPF.

It’s a tale that’s lasted decades too long. Plant-based companies continue to use dairy terms on their products, violating labeling laws as the Food and Drug Administration (FDA) continues to look the other way. But now a new kid has entered the conversation: synthetic “dairy” products that claim to be “animal-free,” yet worthy of a dairy name.

Synthetic dairy proteins are made in the lab by taking a section of a DNA sequence, programming or genetically modifying yeast and microflora with a specific DNA sequence and then using a precision fermentation to replicate it. The end product is a single whey protein, that’s then used to make products that companies are touting as dairy. That’s similar to the playbook the plant-based industry has run for years – and as research shows, it creates a false equivalence among consumers.

However, these companies aren’t making actual dairy, like milk, cheese and ice cream. Dairy foods are extremely complex. They offer essential nutrients, numerous high-quality proteins, micronutrients, and hundreds of fatty acids, all of which interact with each other to deliver one of the most nutritious foods in the marketplace. Creating a single synthetic dairy protein and mixing it with other ingredients to make a synthetic food product – the method currently being developed for commercial products – doesn’t creating anything approaching the complexity of actual dairy.

The National Milk Producers Federation (NMPF) has been calling on FDA to enforce its own standards of identity for dairy for decades. This has included numerous meetings, comments, filing a Citizen Petition, and sending letters to the FDA Ombudsman. Last March, FDA sent Draft Guidance for Industry on the Labeling of Plant-based Milk Alternatives and Voluntary Nutrient Statements to the Office of Management and Budget. That document has yet to be released. In the meantime, we continue the fight for labeling integrity, for dairy farmers and for consumers.

NMPF’s largest concern with the misuse of dairy terms are the nutritional issues that have arisen in recent years from the use of plant-based beverages as alternative nutrition sources, especially in children. Because of plant-based products not following the labeling laws and using dairy terms on their products, consumers are assuming that they offer the same nutrient package as dairy products, which is inaccurate. In the most critical of cases, it has led to nutritional deficiency diseases like Kwashiorkor and rickets.

NMPF for decades has been baffled by why FDA has not enforced its rules, especially given that it results in human health harm.  Recently, FDA issued a new standard of identity for yogurt: In that rulemaking, FDA specifically calls out the importance of standards. But it seems FDA only cares about such standards when it comes to a real dairy product; with plant-based (and soon, we worry, lab-based) imitators, a Wild West mentality has prevailed. The inconsistency is frustrating. What they have been doing by allowing plant-based food companies to break all the labeling rules is simply wrong, and we cannot allow it to spread to the new up and coming lab-created, synthetic foods.

To better understand FDA’s haphazard approach to standards when applied to dairy, NMPF has sent a Freedom of Information Act (FOIA) request for all information related to plant-based labeling, the use of the term animal-free, the negative human health consequences due to mislabeling of plant-based products and much more. It’s critical that we do this, as with a new generation of imitators on the horizon, we need to stand up for dairy now before consumer confusion proliferates further.

This column originally appeared in Hoard’s Dairyman Intel on Feb. 6, 2023.

NMPF’s Bjerga on the Myths of Plant-Based Beverages (Parts 1 & 2)

Posted on by Alan Bjerga

In a two-part interview with Ag Information of the West, NMPF Senior Vice President of Communications Alan Bjerga takes on the myths perpetuated by plant-based beverage marketers in the context of such beverages’ declining sales.  “If you read some of this media coverage in the last few years, you would have thought that cows were on their way to going extinct,” Bjerga said. “I think the cows are alive and well.” Part 1 is here, part 2 is here.

Say It Loud, Say It Clear: The Plant-Based Beverage Bust is Here

Posted on by Theresa Sweeney

It was the fundamental fallacy that launched a thousand news articles: Dairy was dying as consumers were switching to plant-based beverages. That was always a lie — but at least from a certain angle, it could be stretched into something that at least somewhat looked it like could be true. After all, U.S. fluid milk consumption (though not dairy overall, a fact that was conveniently ignored) has declined, and plant-based beverage sales were rising.

But now even that distortion is no longer true. Retail sales volume of plant-based beverages year-over-year have been negative since February, continuing a trend of flat-to-declining volume that dates to mid-2021. This is no longer a blip – it’s a reality, an inconvenient truth that we hope may finally put the original lie to rest.

Declining sales are only some of the woes Team Plant-Based is facing. While eating your fruits and veggies remains good advice – and always will be – that doesn’t mean that ditching dairy nutrients, or animal protein and nutrition in general, is a good idea. The environmental claims of alternatives can be wildly overstated. The nutrition benefits often remain doubtful. And once the novelty wears off, imitator inferiority is left to shine through.

Maybe that’s why Oatly’s share price has declined more than 80 percent since going public last year. Maybe that’s why Beyond Meat is struggling, and the CEO of Maple Leaf Foods said the alts market is unlikely to pan out as originally thought.

And maybe it’s another reason why the Food and Drug Administration shouldn’t reward bad-faith arguments from desperate plant-based promoters that consumer acceptance of their heavily processed, sweetened water as “milk” is inevitable, and they should be rewarded for insisting on misusing a term they have no right to use under existing federal regulation.

If nothing else, perhaps declining sales would inject some welcome humility into marketing claims. Of course, we live in the real world, making that outcome, however desirable, highly doubtful.

But at the very least, the news of declining plant-based beverage sales should be reported just as forcefully as the distortion that was used to malign an entire industry. After being told for years that plant-based beverages were the wave of the future, the public would be well-served to know that the hype was a mirage.

NMPF’s Bjerga on the Dairy Economy, FMMO Modernization and Fake Milk

Posted on by Alan Bjerga

 

NMPF Senior Vice President for Communications, Alan Bjerga, discusses dairy issues ranging from pricing to fake milk with KASM radio of Albany, MN, at the National Association of Farm Broadcasters Issues Forum in Washington, DC. Record milk prices are coming with higher costs as well; meanwhile, NMPF is positioned to lead on Federal Milk Marketing Order modernization, a farmer-led process.

NMPF Statement on Califf FDA Confirmation

Posted on by Alan Bjerga

Statement from NMPF President and CEO Jim Mulhern on the confirmation of Dr. Robert Califf as FDA Commissioner:

“We congratulate Dr. Robert Califf on his confirmation as FDA Commissioner. We are cheering for his success at a particularly challenging time, given the persistence of the COVID-19 pandemic and the urgent need to address the opioids crisis and other public health issues. We are heartened that, in addition to these concerns, he has also cited addressing the proliferation of plant-based products mislabeled as dairy a ‘priority’ issue under his leadership.

“Nutritional confusion over the products is real, with meaningful public health implications, and the Biden Administration has promised guidance by mid-year. We look forward to working with Dr. Califf as he resolves this long-standing, and growing, concern.”

 

NMPF’s Bjerga on the State of Dairy Labeling

Posted on by Alan Bjerga

With a new FDA commissioner nearing confirmation, NMPF Senior Vice President for Communications Alan Bjerga discusses the state of dairy labeling in the U.S., on RFD-TV. Bjerga also talks about U.S. dairy’s recent win over the European Union on gruyere cheese, which a court ruled is a common name not subject to geographical indication trade restraints.

NMPF’s Mulhern Speaks at Annual Meeting

Posted on by Alan Bjerga

 

NMPF President and CEO Jim Mulhern speaks at the organization’s annual meeting in Las Vegas, NV on Nov. 16.

NMPF’s Bjerga Discusses Global Labeling Integrity, Dairy Defined

Posted on by Alan Bjerga

 

The U.S. needs to follow international norms on the proper labeling of butter and dairy terms, NMPF Senior Vice President of Communications Alan Bjerga said in an interview with RFD Radio. A recent decision by the Codex Alimentarius reaffirms labeling integrity internationally, with the FDA planning guidance on similar matter next year. Bjerga also discusses NMPF’s Dairy Defined series of informational essays and podcasts.

NMPF Supports Labeling Integrity Through DAIRY PRIDE Act

Posted on by Theresa Sweeney

The National Milk Producers Federation (NMPF) commended Representatives Peter Welch (D-VT) and Mike Simpson (R-ID) and Senators Tammy Baldwin (D-WI) and James Risch (R-ID) today for reintroducing the DAIRY PRIDE Act, a bill that would bring clear, accurate labeling information for consumers and end harmful mislabeling of dairy foods by peddlers of plant-based products. The legislation requires the U.S. Food and Drug Administration (FDA) to enforce its own existing standards of identity on imitation dairy products after decades of inaction.

The DAIRY PRIDE Act directs FDA to follow its own rules and establish an agency approach for enforcement of existing dairy standards of identity.

“NMPF thanks Representatives Welch and Simpson and Senators Baldwin and Risch for reintroducing the bipartisan DAIRY PRIDE Act in both the House and Senate, yet one more example of their ongoing leadership working to ensure FDA does its job,” said Jim Mulhern, NMPF president and CEO. “FDA is responsible for the integrity and safety of our nation’s food, medicine, and medical devices, and it’s crucial that it enforce its own standards and requirements. Without enforcement, we are left open to the potential for questionable products, deceptive practices, and, in cases such as mislabeled plant-based products that masquerade as having nutritional benefits similar to dairy’s, negative effects to our health.”

Standards of identity legally define what constitutes a specific food or food product, requiring the food product to carry certain qualities. When enforced, these legal standards protect consumers by helping to ensure the integrity of their food. Standards also create a common understanding of what a food product is, helping consumers make informed choices.

FDA’s lack of enforcement of dairy standards of identity has led to consumer misunderstanding of the nutrients – or lack thereof – in imitation dairy products. An IPSOS survey conducted in 2018, for example, found that 73% of consumers surveyed believe that almond-based beverages have as much or more protein per serving than milk. In reality, milk has up to eight times as much protein. A follow-up survey found that roughly 50 percent of consumers mistakenly believe that the main ingredient in a plant-based beverage is the plant itself. Such drinks are actually mostly flavored water.

Medical groups including the American Academy of Pediatrics are voicing concerns over the harm this confusion is having on public health as misinformed consumers unintentionally choose less nutritious products for themselves and their families.

Congress has also shown a growing concern for FDA’s failure to enforce. In early 2020, the House held a hearing on the agency’s lack of enforcement. Then late last year Congress included in the report accompanying the FDA funding bill for FY 2021 a statement of concern and directive to FDA regarding enforcing dairy standards of identity.

“The reintroduction of the DAIRY PRIDE Act helps NMPF and consumers continue to move forward toward solving this critical public health and fairness issue,” Mulhern said.

More on NMPF’s efforts on this issue, including survey data and statements from medical professionals, can be found here.

Dairy Key to USDA Ag Innovation Agenda Research Strategy

Posted on by Theresa Sweeney

USDA released on Jan. 12 the U.S. Agriculture Innovation Strategy Directional Vision for Research summary and dashboard that will help to guide future research decisions within USDA. The strategy synthesizes information USDA collected as part of the public engagement in 2020 on research priorities under the Agriculture Innovation Agenda.

NMPF, Newtrient LLC, and the Innovation Center for U.S. Dairy submitted a series of comments to USDA on their request for comments on the Ag Innovation Agenda. These wide-ranging comments helped USDA put forth a clear and comprehensive research strategy specific for the U.S. dairy industry under four aspirational goals:

  • Production Aspirational Goal: Increase agricultural production by optimizing yield and/or quality with higher input use efficiency;
  • Production Capability Aspirational Goal: Increase agricultural production capabilities of soil, water, and air by developing and implementing sustainable farming tools and practices;
  • Market Expansion and Diversity Aspirational Goal: Increase market diversity and product utility of the farming system to expand value, reach, and resiliency; and
  • Data Aspirational Goal: Standardize, align, and integrate agricultural research and operational data to enable and energize a broad informatics ecosystem to drive tomorrow’s agricultural operations and state and federal programs.

Rising Dairy Consumption Providing Comfort in a Challenging Time

Posted on by Theresa Sweeney

The data is in, and in dairy’s corner of the world, it brings some comfort at a challenging time. Throughout the market ups and downs of the pandemic era, consumers love of dairy products has been a constant, even rising in 2020 from 2019 and once again proving that, despite these challenging times, a glass of milk remains as relevant as ever.

Retail dairy purchases, which jumped at the pandemic’s beginning, have remained elevated throughout the year.

With more meals being prepared at home, dairy has provided comfort in uncomfortable times. Baking went better with butter. Coffee was complemented with real dairy cream or half-and-half. Milk remained essential to family nutrition.

 

Milk Consumption Grew During Pandemic

Milk consumption itself saw gains across categories. Buttermilk use rose with the baking revival, organic and conventional volumes of fluid milk rose, and lactose-free milk saw increases comparable to those of plant-based beverages – which, despite the hype from the fake-milk marketers, is a comparably-sized market to that of lactose-free alone.

What’s beyond compare is just how much more milk sales grew relative to plant-based during the pandemic – nearly $1 billion in growth compared to less than $400 million for plant-based.

Dairy Beats Plant-Based Growth

Data sources for information above: IRI/DMI/MilkPEP/DFW/CMAB custom database for milk and cheese; syndicated database for other products, IRI DMI/MilkPEP/DFW/CMAB custom database, Total US Multi Outlet + Convenience

True, plant-based posted a larger percentage gain during the pandemic – it always does, because its totals build from a smaller sales base. But in sheer sales growth, plant-based beverages aren’t on the same playing field as milk.

Everyone has a lot going on these days, and little of it is easy. But good news is even more appreciated whenever it can be found, and the consumer embrace of the foods that really matter is a part of the “new normal” that shows signs of becoming … normal. It’s showing some staying power – just like the 24/7, 365-days-a-year dairy industry itself. We remain strong, and ready for what’s ahead. The data backs it up. So does the determination.