Tag Archives: MILK

Mexican Chamber of Deputies Approves Bill that Prohibits Use of Dairy Terms on Plant-Based Alternatives

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In late December 2019, Mexico’s Chamber of Deputies’ voted in favor of a reform to the Ley de la Propiedad Industrial (“Industrial and Federal Property of Consumer Protection law”), which would make regulations on misleading advertising more stringent.  This prohibition will have an impact on plant-based alternatives that currently use dairy terms, such as “soymilk” … Continue Reading

Ben & Jerry’s Sued Over “Happy Cows” Claim (subscription to Law360 required)

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On October 29, 2019, Plaintiff James Ehlers, a former Vermont gubernatorial candidate, filed a proposed class action complaint in the federal U.S. District Court in Vermont.  In the complaint, the Plaintiff alleges that Ben & Jerry’s and its parent company, Unilever, (collectively “Defendants”) falsely advertised that the milk and cream in Ben & Jerry’s ice … Continue Reading

‘Dairy Pride Act’ Introduced Again

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As previously reported on this blog, U.S. Senator Tammy Baldwin’s (D-WI) introduction of the Dairy Pride Act  in 2017 was met with controversy. On March 14, 2019, Sen. Baldwin, along with Sens. Jim Risch (R-ID) and Mike Crapo (R-ID), reintroduced The Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake … Continue Reading

National Milk Producers Federation Petitions FDA on Non-Dairy Alternative Labels

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As previously reported on this blog, FDA’s comment period on the use of the terms, such as milk, yogurt, and cheese, in the labeling of plant-based products ended on January 28, 2019. FDA’s standard of identity for milk defines milk in part as the “lacteal secretion, practically free from colostrum, obtained by the complete milking of one … Continue Reading

More States Attempt to Ban Sodas from Kids’ Meals

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Recently introduced Kids’ Meal Bills in Connecticut and Rhode Island would prohibit restaurants from including soft drink beverages on children’s menus and in children’s meals. More specifically, Connecticut House Bill 7006 would limit beverages listed on children’s menus to “water, sparkling water, flavored water with no added sweeteners, unflavored milk or a nondairy milk alternative,” … Continue Reading

Plant-Based Milk Labeling Comment Period Ends; Debate Continues

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As previously reported in September on this blog, FDA requested comments on the use of dairy terms—such as milk, yogurt, and cheese—in the labeling of plant-based products. FDA’s Standards of Identity define milk in part as the “lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows.” The original deadline … Continue Reading

Amongst FDA SOI Conversation, Ninth Circuit Agrees Consumers Are Not Misled by Plant-Based Milks

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The Ninth Circuit upheld the dismissal of a proposed class action that alleged Almond Breeze almond milk is mislabeled and instead should be labeled as “imitation milk.”  Plaintiff Cynthia Painter focused on the nutritional differences between almond milk and 2% dairy milk and argued that the plant-based milk lacked the essential nutrients that are inherent … Continue Reading

Survey Assessing Level of Consumer Confusion Over Whether Plant-Based Products and Dairy Products Contain Cow’s Milk

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As previously reported in The Daily Intake, FDA has requested comments pertaining to consumer awareness and understanding of the use of milk and other dairy terms on plant-based alternatives.  Depending upon the feedback received, FDA could then potentially revisit its policy of not enforcing the standard of identity for milk as it pertains to labeling … Continue Reading

FDA Holds Public Meeting on Comprehensive, Multi-Year Nutrition Innovation Strategy

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In a March 29 speech at the National Food Policy Conference, FDA Comissioner Dr. Scott Gottlieb announced the Nutrition Innovation Strategy (NIS).  Commissioner Gottlieb hopes to improve public health by: (1) empowering consumers to make better and more informed decisions about their diets, (2) encourage the development of healthier foods, and (3) expand the use … Continue Reading

FDA to Issue a Guidance Document Limiting Use of Milk in Plant-Based Beverages

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In the 2018 POLITICO Pro Summit, FDA Commissioner Scott Gottlieb signaled that FDA will begin collecting comments regarding enforcement of standard of identity for “milk”.  As noted in our June 27 blog, FDA is holding a public meeting on July 26, 2018 to discuss its Nutrition Innovation Strategy, including standards of identity.  FDA indicated in … Continue Reading

Arkansas Passes Resolution Calling for Standard for Rice

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Over the last year, dairy industry groups have appealed to FDA and Congress to enforce the standard of identity for milk with regard to plant-based beverages labeled as “milk,” for example “soy milk”.  The dairy industry argues that milk is defined as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of … Continue Reading

School Milk Nutrition Act of 2017 Proposed to Reverse Declining Milk Consumption

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As previously reported on this blog, USDA submitted an interim final rule on July 6, 2017, that would—among other things—expand the types of flavored milk allowed in the school lunch program. That announcement followed a May 2, 2017 proclamation by U.S. Secretary of Agriculture Sonny Perdue explaining that USDA would provide greater flexibility in nutrition requirements … Continue Reading

FDA Delays Decision on Plant-Based Milk Labeling Petition

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As previously reported on this blog, there is an ongoing debate on whether the use of the term “milk” by manufacturers of plant-based products—such as soy milk and almond milk—is a violation of milk’s standard of identity. On one side of the debate, the dairy industry has called on FDA to crack down on the … Continue Reading

FDA Will Exercise Enforcement Discretion for the Use and Labeling of “Ultrafiltered Milk” in Certain Cheeses and Cheese Products

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Mechanical filtration technologies available for milk processing include ultrafiltration.  Ultrafiltered milk (UF Milk) is milk that is mechanically filtered via semipermeable membranes to partially remove water, lactose, minerals, and water-soluble vitamins without altering the “casein to whey protein” ratio of the milk and resulting in a liquid product. FDA’s regulations specify the standards of identity … Continue Reading

USA Rice Questions Whether Riced Vegetables Can Use Rice In Their Name

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USA Rice, in a recent blog post indicated that it is considering asking FDA and other regulatory agencies to “look into” the use of “rice” or “riced” in the name of vegetables that have gone through a ricer.  USA Rice President and CEO Betsy Ward states “Vegetables that have gone through a ricer are still … Continue Reading

State Regulators Chime in on Plant-based Milk Labeling Debate

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Under a standard of identity “milk” is defined as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more health cows” (21 C.F.R. Section 131.110).  For years, the dairy industry has called on the FDA to crack down on the use of dairy-related terms such as “milk” for plant-based … Continue Reading

Proposed ‘Dairy Pride Act’ Creates Controversy

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The Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake of Dairy Everyday Act (DAIRY PRIDE Act), introduced by Sen. Tammy Baldwin (D-WI), 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. (A January … Continue Reading

Labeling Plant-Based Products as “Milk” Violates Standard of Identity, Members of Congress tell FDA

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Under a standard of identity “milk” is defined as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more health cows” (21 C.F.R. Section 131.110). Mike Simpson (R-ID) and Peter Welch (D-VT) and 32 other member of the U.S. House of Representatives sent Food and Drug Commissioner Robert M. … Continue Reading

Dairy Data

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FDA survey finds few drug residues in U.S. dairy supply. FDA partners with the states to ensure the safety of the U.S. milk supply, which includes monitoring milk products for drug residues.  Under the Pasteurized Milk Ordinance (PMO) — a model ordinance published by FDA and adopted by individual states — raw milk samples must … Continue Reading
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