Following the U.S. Food and Drug Administration’s proposed draft guidance, which would allow nut, oat, soy, and other non-dairy products to use the name “milk,” Senators Tammy Baldwin (D-WI), Jim Risch (R-ID), Susan Collins (R-ME),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.”
Senator Baldwin concurred, adding, “Wisconsin’s dairy farmers produce second-to-none products with the highest nutritional value and imitation products have gotten away with using dairy’s good name without meeting those standards. The Biden Administration’s guidance that allows non-dairy products to use dairy names is just wrong, and I’m proud to take a stand for Wisconsin farmers and the quality products they make. Our bipartisan DAIRY PRIDE Act will protect our dairy farmers and ensure consumers know the nutritional value of what they are purchasing.”
Last month the FDA released a new draft guidance which would allow plant-based products to continue to use dairy terms despite not containing dairy, nor having the nutritional value of dairy products. Senator Welch commented on the guidance, saying, “This bill will give our farmers much needed support and correct FDA’s misguided efforts to allow non-dairy products to use dairy names—giving dairy farmers the protections they need to thrive.”
Senator Collins agreed, adding, “It is unfair for other industries to capitalize on milk’s nutritious brand. This bipartisan legislation would help protect our dairy farmers and the quality of their goods by requiring non-dairy producers to accurately label their products.”
Upon the announcement of the re-introduction, the National Milk Producers Federation publicly commended the bipartisan group of senators.
“DAIRY PRIDE is needed more than ever, now that FDA has offered guidance on the labeling of plant-based beverages that, while taking steps in the right direction, ultimately doesn’t remedy the problem it seeks to solve, which is the proven confusion among consumers created when plant-based beverages steal dairy terms to make their products appear healthier than they really are,” said Jim Mulhern, president and CEO of the National Milk Producers Federation.
“FDA has acknowledged the problem of nutritional confusion without providing a complete solution,” Mulhern said. “DAIRY PRIDE solves the problem by requiring FDA to enforce what its own standards of identity state: that ‘milk’ is a term reserved for animal products and that plant-based drinks or beverages shouldn’t be allowed to use dairy terms in their labeling.”
FDA is accepting comments on its draft guidance until April 24. Meanwhile, DAIRY PRIDE introduction in the House of Representatives is expected within weeks.
