Tag: DAIRY PRIDE

FDA Must Enforce Fake-Dairy Rules, NMPF Tells Agency Ombudsman in New Advocacy Phase

Posted on by Theresa Sweeney

With FDA giving little indication of promised action on proper labeling of imitation dairy products, the National Milk Producers Federation today asked the agency’s ombudsman to ensure that rules are properly enforced.

“Allowing unlawfully labeled ‘plant-based’ imitation dairy foods to proliferate poses an immediate and growing risk to public health; it is a clear dereliction of the FDA’s duty to enforce federal law and agency regulations,” wrote NMPF President and CEO Jim Mulhern in the letter, sent to Dr. Laurie Lenkel, ombudsman for the U.S. Food and Drug Administration. “The FDA’s Office of the Ombudsman must intervene to break the bureaucratic logjam that is adversely affecting consumers. Doing so would fit squarely within the Office’s own mission to ensure even-handed application of FDA policy and procedures.”

The FDA ombudsman, based in the agency commissioner’s office, “serves as a neutral and independent resource for members of FDA-regulated industries when they experience problems with the regulatory process,” according to the agency. NMPF is urging the ombudsman’s office to take appropriate action to remedy the FDA’s lax approach to enforcing its own rules on the use of dairy terms on products containing no dairy ingredients, which have proven impacts on public health – a new phase of advocacy brought about by the agency’s regrettable inaction. The American Academy of Pediatrics and other organizations have offered evidence of nutritional deficiencies caused by confusion over the contents of plant-based versus dairy beverages.

NMPF last year released its own road map offering solutions to how public health, product integrity and free speech could be protected through updated regulations. NMPF also supports the DAIRY PRIDE Act, a potential legislative prod for FDA action, and has asked FDA commissioner Dr. Stephen Hahn to follow up on the pledge he made nearly one year ago to make fake-dairy labeling a high-priority issue at FDA.

Dairy Defined: An Open Letter to FDA Commissioner Dr. Stephen Hahn

Posted on by Theresa Sweeney

Dear Dr. Hahn –

Sorry to bother you at such a busy time, but we need to talk. We’re guessing that 2020 wasn’t what you expected, dealing with COVID vaccines and a host of other pressing concerns. It’s been crazy for us too. But faith and friends can help you through, no matter how big or small the troubles may be. We hope you’ve felt supported through these challenging times.

We’ve noticed that recently, FDA has been getting more active on topics beyond COVID-19, in some cases even revisiting issues that have lain dormant from previous decades in the spirit of completing unfinished business. That made us think it was time to remind you about something you promised you’d deal with back in November, before everything turned upside down. At your FDA confirmation hearing, Senator Tammy Baldwin asked you whether and when FDA under your leadership would soon start enforcing labeling standards that reserve dairy terms for real dairy products, not the plant-based imposters that are posing an increasing problem for public health. You said you supported “clear, transparent, and understandable labeling for the American people” and that you would “very much” look into it.

How is that going? Any way we could help? We understand that FDA has kicked fake dairy deception down the road for decades, but the problem is only growing, public-health experts are growing concerned, and it isn’t a heavy lift for the FDA to do what’s not only true to its mission but also what’s legally required. In fact, we have provided an entire road map proposal that offers a clear guide to resolution – one that is well-grounded in First Amendment law, would ensure that consumers know what products are and aren’t nutritionally, and even could allow plant-based “milks” to continue dairy terms in some instances, with proper qualifiers that have long been established in FDA regulations to clearly distinguish them from dairy.

We had been very hopeful, based on your pledge, that this would be the year this problem could finally be solved. Since it’s late in 2020 – and who knows what the next few months might be like? — we thought we should check in.

We’re cheering for you to take action. FDA commissioner is never an easy job, and 2020’s been a challenge for the ages. But since fake milk has long been crucially important to dairy farmers – in places like Wisconsin, in Michigan, in Pennsylvania, in Minnesota, and all across the United States – we thought this might be a good time to remind you of this promise.

We’re happy to chat further because this simple matter can be resolved soon, to the benefit of everyone. Well, maybe not marketers of dishonest products, but they’ve had their day. Say hi to everyone at FDA for us, there’s never enough bandwidth on Zoom to talk to everyone we’d like to. Good luck with the rest of the year!

With Regards,

The National Milk Producers Federation

FDA Nomination Heads to Senate Floor With NMPF Hopeful for Progress on Fake Milk

Posted on by Alan Bjerga

ARLINGTON, Va. – The National Milk Producers Federation today expressed hope that the Senate Health, Education, Labor and Pensions Committee vote to send Dr. Stephen Hahn’s nomination to be commissioner of the U.S. Food and Drug Administration to the full Senate for final confirmation represents another step toward greater transparency in the use of dairy terms in the marketplace.

“It is long past time for the FDA to begin enforcing its own standards, which make clear that dairy terms are reserved for real dairy products, not plant-based imitators that mislead shoppers by misrepresenting nutritionally inferior products,” said Jim Mulhern, president and CEO of NMPF. “We are hopeful that today’s vote to forward Dr. Hahn’s nomination to the full Senate is the beginning of the end of this long process, and we are eager to work with Dr. Hahn upon his confirmation to ensure that dairy product standards are enforced once and for all.”

Hahn voiced his support in his confirmation hearing last month for “clear, transparent, and understandable labeling for the American people” in an exchange with Sen. Tammy Baldwin of Wisconsin.

The National Milk Producers Federation, which has been speaking out on plant-based imitators for four decades, has been encouraged by recent, long overdue FDA attention to the issue. For more background on NMPF’s position and statements of support from public-health organizations, click here.  NMPF also in February released a “road map,” found here, for how the agency can adapt existing standards to reflect the current marketplace and protect labeling integrity.

Dairy Defined Podcast: Mooney Speaks at Annual Meeting

Posted on by Alan Bjerga

 

(Note: NMPF’s Dairy Defined podcast explores today’s dairy farms and industry using high-quality data and podcast-style interviews to explain current dairy issues and dispel myths.)

ARLINGTON, Va. – U.S. dairy farmers have been through challenging times, but they’re ready to face the challenges of trade, the environment, climate and changing consumer tastes, said Randy Mooney, a Missouri dairy farmer and chairman of the National Milk Producers Federation. Mooney spoke this morning at the organization’s annual meeting, this in New Orleans.

“Dairy farmers play an important role in society. We help preserve communities,” he said. “Like all of you, I’m proud to be a dairy farmer, producing the most nutritious product in the world.”

To listen to the full podcast, click here. You can also find the Dairy Defined podcast on Spotify and SoundCloud. Broadcast outlets may use the MP3 file. Please attribute information to NMPF.

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 The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce more than two-thirds of U.S. milk, making NMPF dairy’s voice on Capitol Hill and with government agencies. For more, visit www.nmpf.org.

On “Almonds Don’t Lactate” Anniversary, Dairy Farmers Call on FDA To Do Its Job

Posted on by Theresa Sweeney

ARLINGTON, Va. – The National Milk Producers Federation today marked the one-year anniversary of then-FDA Commissioner Scott Gottlieb’s famous observation that “almonds don’t lactate” by reminding the agency it still has not resolved the issue and that citizens who heeded its call for comments with thoughtful responses deserve answers.

“An almond doesn’t lactate, I must confess,” Gottlieb said last July 17, admitting that FDA has been lax in enforcing its own rules on the use of dairy terms on products containing no dairy ingredients. “Have we been enforcing our standard of identity? The answer is, probably not,” he said, while pledging agency action in “something close to a year.”

“FDA’s longstanding inaction on enforcing its own standards of identity is perpetuating the marketing of products using milk and dairy terms when those products don’t match the nutritional content of the dairy products they are imitating,” said Jim Mulhern, president and CEO of NMPF. “Dairy farmers have never called for bans on fake-food competitors, nor have they called for market censorship. They do want the FDA to enforce its own rules defining what a product is and what it isn’t, in keeping with similar standards enforced in other countries around the globe. The clock is still ticking. We are not going away.”

The FDA in January concluded a comment period exploring the issue of consumer confusion regarding the nutritional content of dairy products versus plant-based imitators, with organizations including the American Academy of Pediatrics offering evidence of nutritional deficiencies caused by confusion over the contents of plant-based versus dairy beverages while dairy’s detractors submitted thousands of off-topic creeds. After carefully considering comments and noting consumer survey data that clearly demonstrates confusion over nutrition, NMPF in February released its own road map offering solutions to how public health, product integrity and free speech could be protected through updated regulations. That Citizen Petition is currently open for comment.

NMPF also supports the DAIRY PRIDE Act, a potential legislative prod for FDA action.

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The National Milk Producers Federation (NMPF), based in Arlington, VA, develops and carries out policies that advance dairy producers and the cooperatives they own. NMPF’s member cooperatives produce more than two-thirds of U.S. milk, making NMPF dairy’s voice on Capitol Hill and with government agencies. For more, visit www.nmpf.org.

House Agriculture Appropriations Bill Advances NMPF Priorities, Including FDA Labeling Language

Posted on by Theresa Sweeney

The House Appropriations Committee’s Fiscal Year 2020 Agriculture-FDA Appropriations measure that passed out of committee in May included multiple items of importance to NMPF.

The bill’s accompanying report included bipartisan language urging the Food and Drug Administration (FDA) to continue with its review of dairy standards of identity so that dairy standards are ultimately enforced.  The language gives voice to ongoing concerns that plant-based imitators continue to misuse dairy’s good name on products that are not nutritionally equivalent to milk, cheese, yogurt, butter and other healthy dairy products.

Following related language in the Fiscal Year 2018 Appropriations measure urging FDA to act on this critical issue, the agency indeed began a regulatory process to receive public comments and determine how standards would be enforced.  NMPF applauds the House Appropriations Committee for making clear congressional intent that it’s time for FDA to follow the law and enforce dairy standards of identity.

The measure also provides $10 million in discretionary funding for the Farm and Ranch Stress Assistance Network, an NMPF-backed program authorized in the 2018 Farm Bill to provide grants to extension services and nonprofit organizations to assist producers who are facing greater stress due to the continued downturn in the farm economy.

Finally, the bill makes no cuts to critical conservation programs, which help dairy producers to access technical and financial assistance to carry out multiple conservation practices on their land and water.

The House and Senate are working to reach an overall budget agreement to allow the 2020 Appropriations process to reach a bipartisan conclusion.  NMPF will work with Congress to preserve these important provisions in any final measure.