By: Carrie Muehling – ORIGINAL POST

More plant-based products are entering the marketplace labeled as butter, and the dairy industry wants to put a stop to that practice. NMPF Executive Vice President and American Butter Institute Executive Director Tom Balmer said these products are mislabeled based on the standard of identity that exists for butter.

“The butter standard of identity, which is the only federal food standard established by an act of Congress, and it’s the oldest food standard that’s still in effect in the United States, requires that the product be made from cream and be not less than 80 percent milk fat in the finished product,” said Balmer.

He added that butter has a very simple ingredient list. “Virtually no product has as clean a label as butter, in the case of salted butter being cream and salt – two ingredients,” he said.

Balmer attributes the increase in these types of products coming into the marketplace to a decline in sales of margarine and vegetable spreads, while per capita consumption of butter continues to increase. He said the dairy industry has no problem with these products, but disagrees with labeling them as butter instead of margarine or some other kind of spread.

NMPF and its allies are continuing their steady drumbeat against dairy imposters while President Donald Trump considers a replacement for departed FDA Commissioner Scott Gottlieb, working to ensure that the fake-dairy issue that gained widespread public attention in 2018 stays on the radar of the next agency chief.

In early May, the organization spoke against shoddy research undertook by the Plant Based Foods Association and the research firm it hired to do an incomplete and poorly executed analysis of comments in the FDA docket looking at nutritional confusion in plant-based versus dairy beverages that closed in January.

As has been the case throughout the current labeling debate, the fake-milk study mischaracterized what FDA is considering, trying to turn a serious discussion of consumer transparency and nutritional inferiority into a red-herring debate over whether consumers think almonds are a dairy product.

“None of the fake foods stealing dairy terms contain the same nutrition as the milk or dairy product they attempt to imitate,” said Jim Mulhern, president and CEO of the National Milk Producers Federation. “The vegan and animal rights activists who were encouraged by our opponents in this debate to flood the docket with comments understand that these fake products don’t contain milk. But that’s never been the issue. Research clearly shows that consumers don’t understand the nutritional differences between real, natural dairy products and the inferior, imitation products masquerading as milk.”

The rising tide of fake dairy was also called out by NMPF Executive Vice President Tom Balmer, who in his capacity as executive director of the American Butter Institute, spoke on the rise of misbranded products at that organization’s annual meeting in Chicago.

Balmer pointed that for generations, plant-based butter imitations have been marketed under a federal standard of identity as margarine or under the non-standardized term “vegetable oil spread.” Now, in the face of declining margarine and spread sales, companies are seeking to capitalize on butter’s resurgent popularity by misappropriating the term “butter” and applying it to products that clearly do not meet butter’s federal standard of identity.

This practice damages the integrity of food standards, Balmer said, and misleads consumers who may believe they’re buying an equivalent to butter when, in fact, no such quality standard is being met.

“Just because consumers are rejecting plant-based margarines and spreads, companies can’t turn around and violate federal law by slapping the term ‘butter’ on a product label and pretend it’s worthy of a dairy term,” Balmer said. “A falsely labeled product is a misbranded product, and misbranded products don’t belong on grocery shelves. The proliferation of these products is eroding the integrity of the marketplace, and the FDA needs to stop it before its own rules become meaningless.”

ABI filed a lengthy complaint to the FDA in September calling out imitators. NMPF filed a citizen petition with the agency in February, outlining a roadmap toward a constructive resolution of the problem of mislabeled, fake dairy products. That petition may be accessed here.

The National Milk Producers Federation voiced strong support for the DAIRY PRIDE Act introduced March 14, calling it another means toward a crucial end for consumers: the end of mislabeled non-dairy products as “milks” in the marketplace.

The legislation, introduced by Senators Tammy Baldwin (D-WI) and Jim Risch (R-ID) in the Senate and Representatives Peter Welch (D-VT) and Mike Simpson (R-ID) in the House, further prods the FDA toward increasingly necessary action as plant-based imitators of milk, cheese, butter and other products brazenly flout FDA rules that restrict the use of dairy terms on non-dairy products. While NMPF continues to press the agency to strengthen its own enforcement, substantial support for dairy in Congress only underscores the urgency for the FDA to act, said Jim Mulhern, president and CEO of NMPF.

Following NMPF’s submission of a Citizen Petition to FDA in February outlining a path forward as the agency considers more than 14,000 comments submitted to it on the proper use of dairy terms, the DAIRY PRIDE Act would protect the integrity of food standards by prompting FDA to enforce labeling requirements for dairy. The measure would require FDA to issue guidance for nationwide enforcement of such requirements within 90 days and mandate that FDA report to Congress two years after enactment to hold the agency accountable.

“We hope that the FDA will soon do the right thing by updating and enforcing rules that aid consumers by providing clear, accurate labeling on what is, and what isn’t, milk, and we are ready to help the agency in any way we can,” Mulhern said. “This bipartisan, bicameral legislative effort demonstrates strong support within Congress for fixing this problem, and we commend these lawmakers for laying down this important marker.”

Key leaders in both the House and Senate have chastised the FDA for failing to enforce existing food standards that specify products labeled as “milk” have to come from a dairy animal. The legislation adds momentum to NMPF’s longstanding campaign to encourage the FDA to enforce its own regulations, which has gained steam in the past year through the FDA comment period, prompted by NMPF activism, and the NMPF’s new petition.