Legislation addresses imitation dairy labeling
Published 12:00 pm Thursday, April 22, 2021

- Legislation introduced in Congress seeks to have the Food and Drug Administration enforce its rules on using dairy terms such as "milk" for other beverages.
Legislation has been reintroduced in the the U.S. House and Senate that would require the Food and Drug Administration to take enforcement action against manufacturers labeling non-dairy products with dairy terms such as milk, yogurt and cheese.
The DAIRY PRIDE Act — an acronym for Defending Against Imitations and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday Act — was reintroduced in the House by Reps. Mike Simpson, R-Idaho, and Peter Welch, D-Vt., with 33 cosponsors.
It was reintroduced in the Senate by Sens. Jim Risch, R-Idaho, and Tammy Baldwin, D-Wis., with five cosponsors.
The legislation is aimed at the mislabeling of non-dairy products made from nuts, seeds, plants and algae.
It would require FDA to issue guidance for nationwide enforcement of mislabeled, imitation dairy products within 90 days. It would also require FDA to report to Congress two years after enactment to hold the agency accountable for its enforcement obligations.
National Milk Producers Federation thanked the lawmakers for re-introducing the legislation and their leadership in ensuring FDA does its job.
“For decades, dairy farmers have called on FDA to simply enforce the law and follow its own standards designed to protect product integrity, marketplace transparency and the ability of consumers to make informed choices about what they feed themselves and their families,” Jim Mulhern, president and CEO of National Milk, said in a press release.
“The medical community is increasingly concerned about mislabeled dairy imitators that harm public health, while consumers demand honesty in labeling,” he said.
National Milk has long contended 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 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% of consumers mistakenly believe that the main ingredient in a plant-based beverage is the plant itself. Such drinks are actually mostly flavored water, National Milk said.
The Idaho Dairymen’s Association also strongly supports the legislation.
“All links in the dairy-product supply chain from farm to table are held to the highest standards. That results in the unsurpassed nutrition and quality that consumers all around the world have come to rely on from U.S. dairy products,” Rick Naerebout, CEO of the association, said in a press release.
“People buying foods labeled milk, cheese and yogurt deserve to know they are getting the nutrition and quality they are paying for — and the Dairy Pride Act would do just that,” he said.