The Food and Drug Administration recently announced it is reopening the public comment period on the draft guidance titled “Labeling of Plant-based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.”
“The FDA is reopening the comment period in response to requests from industry stakeholders for more time for interested people to develop and submit comments,” the agency says.
If finalized, the guidance would allow nut, oat, soy, and other non-dairy products to utilize the name “milk” despite not containing dairy, nor having the nutritional value of dairy products.
Joseph Scimeca, Ph.D., senior vice president of regulatory and scientific affairs for the International Dairy Foods Association (IDFA), issued the following statement in response FDAs original announcement.
“It is important that consumers are provided with accurate information about the nutrient profiles of plant-based alternatives so that they have science-based, accurate information to decide for themselves and their families about what’s best for their diet and nutritional needs, including how the nutrients in plant-based alternatives compare to the well-established nutrient package of cow’s milk. It has been IDFA’s consistent position that it is the responsibility of the FDA to ensure product names and claims made by manufacturers of plant-based products adhere to long-standing FDA food labeling policy that label statements must be truthful and not misleading to consumers.”
“At the same time, it is incumbent on FDA to provide verification and enforcement of voluntary claims and statements to ensure consumers are receiving accurate nutritional information and can compare the nutritional values of plant-based alternatives to traditional cow’s milk products. As we continue to review today’s draft guidance to industry and begin to consider formal comments within the 60-day comment period, IDFA will seek to ensure this draft guidance clears up any longstanding confusion about the nutritional quality of plant-based beverages.”
In response to FDA’s announcement of the guidance earlier this year, Senators Tammy Baldwin (D-WI), Jim Risch (R-ID), Susan Collins (R-ME), and Peter Welch (D-VT) re-introduced bipartisan legislation to combat the unfair practice of mislabeling non-dairy products using dairy names.
As written, the Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake of Dairy Everyday Act (DAIRY PRIDE Act) of 2023 would require non-dairy products made from nuts, seeds, plants, and algae to no longer be mislabeled with dairy terms such as milk, yogurt or cheese.
“For too long, plant-based products with completely different nutritional values have wrongly masqueraded as dairy,” said Senator Risch in a press release. “This dishonest branding is misleading to consumers and a disservice to the dairy farmers who have committed their lives to making milk, cheese, yogurt, ice cream, and more nutritious products Idahoans enjoy every day. It is past time that the Food and Drug Administration enforce its own definitions for dairy terminology, prevent imitation products from deceiving consumers, and start advocating for the farmers who feed us.”
To view the official draft guidance, click here.
