Tag: FDA fake milk

Taking a stand for true dairy products

Posted on by Alan Bjerga

By Clay Detlefsen, Senior Vice President for Environmental and Regulatory Affairs, NMPF.

It’s a tale that’s lasted decades too long. Plant-based companies continue to use dairy terms on their products, violating labeling laws as the Food and Drug Administration (FDA) continues to look the other way. But now a new kid has entered the conversation: synthetic “dairy” products that claim to be “animal-free,” yet worthy of a dairy name.

Synthetic dairy proteins are made in the lab by taking a section of a DNA sequence, programming or genetically modifying yeast and microflora with a specific DNA sequence and then using a precision fermentation to replicate it. The end product is a single whey protein, that’s then used to make products that companies are touting as dairy. That’s similar to the playbook the plant-based industry has run for years – and as research shows, it creates a false equivalence among consumers.

However, these companies aren’t making actual dairy, like milk, cheese and ice cream. Dairy foods are extremely complex. They offer essential nutrients, numerous high-quality proteins, micronutrients, and hundreds of fatty acids, all of which interact with each other to deliver one of the most nutritious foods in the marketplace. Creating a single synthetic dairy protein and mixing it with other ingredients to make a synthetic food product – the method currently being developed for commercial products – doesn’t creating anything approaching the complexity of actual dairy.

The National Milk Producers Federation (NMPF) has been calling on FDA to enforce its own standards of identity for dairy for decades. This has included numerous meetings, comments, filing a Citizen Petition, and sending letters to the FDA Ombudsman. Last March, FDA sent Draft Guidance for Industry on the Labeling of Plant-based Milk Alternatives and Voluntary Nutrient Statements to the Office of Management and Budget. That document has yet to be released. In the meantime, we continue the fight for labeling integrity, for dairy farmers and for consumers.

NMPF’s largest concern with the misuse of dairy terms are the nutritional issues that have arisen in recent years from the use of plant-based beverages as alternative nutrition sources, especially in children. Because of plant-based products not following the labeling laws and using dairy terms on their products, consumers are assuming that they offer the same nutrient package as dairy products, which is inaccurate. In the most critical of cases, it has led to nutritional deficiency diseases like Kwashiorkor and rickets.

NMPF for decades has been baffled by why FDA has not enforced its rules, especially given that it results in human health harm.  Recently, FDA issued a new standard of identity for yogurt: In that rulemaking, FDA specifically calls out the importance of standards. But it seems FDA only cares about such standards when it comes to a real dairy product; with plant-based (and soon, we worry, lab-based) imitators, a Wild West mentality has prevailed. The inconsistency is frustrating. What they have been doing by allowing plant-based food companies to break all the labeling rules is simply wrong, and we cannot allow it to spread to the new up and coming lab-created, synthetic foods.

To better understand FDA’s haphazard approach to standards when applied to dairy, NMPF has sent a Freedom of Information Act (FOIA) request for all information related to plant-based labeling, the use of the term animal-free, the negative human health consequences due to mislabeling of plant-based products and much more. It’s critical that we do this, as with a new generation of imitators on the horizon, we need to stand up for dairy now before consumer confusion proliferates further.

This column originally appeared in Hoard’s Dairyman Intel on Feb. 6, 2023.

FDA Commissioners Agree: Nutrition’s a Problem for Plant-Based Faux Dairy

Posted on by Theresa Sweeney

It’s easy to become numb to the over-polished signaling that often passes as discourse in Washington, but sometimes reading things closely reveals interesting nuggets that show how an official is weighing a decision or perceiving an issue.

Example: an exchange between FDA Commissioner Robert Califf and Wisconsin Senator Tammy Baldwin at a recent Agricultural Appropriations Subcommittee hearing. Baldwin chairs the Senate subcommittee that sets spending levels at FDA — the sort of thing that would make an FDA commissioner pay attention. And when she asked him for his thoughts on how plant-based beverages that masquerade as dairy products should be labeled, he noted that when people think about dairy vs. plant-based beverages, they “are not very equipped to deal with what’s the nutritional value” of the products.

In other words, confusion over the nutritional values of dairy versus plant-based beverages is real.

This isn’t the first time an FDA commissioner has acknowledged the problem of nutritional confusion, which has gained attention well beyond the dairy farmers who create high-quality nutrition every day. From the American Academy of Pediatrics to the School Nutrition Association and others, concerns over the public-health impacts of consumers substituting dairy with nutritionally inferior plant-based products are widespread and well-known.

That’s why Califf’s predecessor, Dr. Stephen Hahn, said in his confirmation hearing that “clear, transparent, and understandable labeling for the American people” was necessary “so that they can make the appropriate decisions for their health and for their nutrition.” That’s why Hahn’s predecessor, Dr. Scott Gottlieb, expressed concern that consumers were being “misled” by plant-based beverages and asked whether consumers “who are using plant-based milk products by seeing the word ‘milk’ imputing a certain nutritional value into that beverage that they’re not deriving?”

And that’s why Gottlieb’s predecessor, who was … wait. Gottlieb’s predecessor was Califf. But you get the picture.

The problem of nutritional confusion, also borne out by consumer surveys, isn’t even controversial at FDA, at least not among its political leadership. The only thing that’s been controversial, apparently, is FDA staff doing something to address the problem. But hope springs eternal, as well as opportunities for action. With long-promised guidance on dairy terms and plant-based beverages due this summer, federal policy has a chance to align with the words of its top officials, by finally creating the labeling integrity consumers deserve.

Doing the wrong thing – essentially preserving the Wild West status quo of plant-based peddlers flouting the FDA’s own rules – will mean little, as federal courts have ruled that guidance policy pronouncements can’t replace regulation, and at the root of current regulation is FDA’s own standard of identity, which clearly identifies milk (the building block of all dairy products) as an animal product.

But doing the right thing – advocating for consumers, promoting transparency in labeling and reinforcing the nutritional importance of those standards – would help restore FDA’s credibility as a consumer advocate and its reputation for public health leadership. And let’s face it, FDA isn’t having the easiest time these days.

The path is clear. The door is open. All FDA needs to do is walk through it and fix what its leaders already know is a problem. And we know they know it. Because they’ve said it themselves.