Dairy groups: FDA guidance on plant-based beverages’ use of dairy terms is a first step, but complete transparency in labeling is the ultimate goal

In response to FDA guidance released today (Feb. 22, 2023) 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 as “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.”

Joseph Scimeca, PhD, senior vice president of regulatory and scientific affairs for the International Dairy Foods Association, issued the following statement today (Feb. 22, 2023) on the U.S. Food and Drug Administration’s (FDA) draft guidance to industry on the “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry”:

“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. It is incumbent on FDA to get this policy right. IDFA will closely review and question how the FDA plans to enforce this draft guidance to ensure information provided by companies to consumers is truthful and not misleading and enables consumers to compare the nutritional value of plant-based alternatives to their traditional cow’s milk counterparts. As FDA’s consumer research demonstrates, consumers lack clarity as to the nutritional differences of plant-based alternatives versus traditional dairy counterparts and the agency must promulgate guidance that not only adheres to its own standards of truthful and not misleading but also advances the nutrition security of Americans.”