On March 23, 2018, President Trump signed the Congressional Spending Bill, directing, among other things, the U.S. Food and Drug Administration (“FDA”) to take action against imitation dairy foods and enforce dairy labeling regulations. The National Milk Producers Federation (NMPF) and other consumer and industry groups, particularly those in the business of selling traditional dairy products, have been trying to compel the FDA to act against imitation dairy products or products that been labeled as “milk” that do not contain dairy (soy milk, almond milk, etc.). Found here, the Bill’s language is aimed at instructing the FDA to enforce labeling standards affecting dairy imitators.
FDA Standards of Identity and Dairy Labeling
The term “milk” is defined by the FDA under 21 CFR 131.110 as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cow.” Thus, in order to meet standard of identity requirements, a product labeled as “milk” must have animal origin. According to industry groups backing enforcement of this distinction, labeling almond milk as milk is misleading because almond milk is plant-based and was not derived from a dairy animal. Accordingly, the Bill aims to restrict the ability of beverages made from plant foods from using the term “milk” on their labels. Additionally, enforcement of these regulations pertaining to naming of dairy affects other dairy-based products, like those labeled as cheese and yogurt.
In sum, the Spending Bill directs the FDA to strictly enforce labeling standards of what can be labeled as “milk”. Per the terms of the Bill, FDA has 180 days to release a guidance document detailing how the dairy labeling standards will be implemented and enforced. If you have any questions about FDA regulations or how you can bring your labels into compliance with FDA regulations, please contact us at contact@sglawfl.com.
