Baldwin questions FDA chief about dairy product labeling

Sen. Tammy Baldwin, D-Wis., this afternoon questioned Scott Gottlieb, commissioner of the Food and Drug Administration, while he testified before the Senate Ag Appropriations Subcommittee.

As recently as last month, Edge members and staff visited with Baldwin’s staff on Capitol Hill about this issue.

What follows is a transcript of today’s exchange. For a video archive, click here. The exchange begins at the 57-minute mark.

Tammy Baldwin: 

I’m going to bring up a topic that you and I have talked about before. I am really concerned about the proliferation of mis-labeled products in the market place that are using dairy’s good name but have absolutely no dairy ingredients. These products are violating the FDA existing regulations and they are getting away with it because of inaction by the agency. It’s a matter of fairness to the farmers and dairy producers and processors who I have worked with over many years. It’s fairness. They market their dairy products using dairy terms. Farmers must meet exacting standards for the content of the milk they deliver. The processors abide by specific requirements for things like butterfat content that ensure that when a consumer selects a certain dairy product that they know what they are getting and it will perform in recipes as expected. Imitation products should not be able to use dairy’s good name when they are doing none of the things required to use that label. The omni legislation we passed included another instance of congressional direction on this issue and it’s time for the FDA to act. What is FDA doing to enforce existing standards of identity for dairy products?

Gottlieb:

 I appreciate the question. I announced 3 weeks ago that we will be issuing a request for information related to our overall approach to standards of identity. We are committed to taking a fresh look at what we are doing. You’re right milk is defined in the current SOI as being from a lactating animal and people have been using the term on things that aren’t derived from a lactating animal. FDA has not stepped into this in the past. There is now a lot of commercial activity. It’s a question of public health. If consumers are being confused or misled on the nutritional status of milk based on labeling we would want to take a look at it. RFI could serve as the basis for regulatory action.

Baldwin:

This could be addressed right away by issuing guidance. Do you agree you have the authority to proceed based on existing regulations?

Gottlieb:

 I think we would want to be careful develop a careful administrative record here. We have exercised enforcement discretion for a period of time now that for us to reverse our current posture might take more than just issuing guidance. We might want to develop a careful administrative record. That’s the intent of the RFI to create the record that would sustain a review.

Baldwin:

State for the record that she does not believe there needs to be further review or study. The FDA needs to act and issue guidance in enforcement of its existing dairy standards. Dairy farmers are in crisis right now. The price of milk has been low for a very long time. Some farm bill risk mgmt. tools are not helping the way we’ve hoped. Trade negotiations have an impact and uncertainty in terms of export markets. Canadian pricing of a certain class of milk is creating additional injury. A perfect storm of challenges to the industry. Dairy Pride Act is a measure to ask an agency to follow its own rules.

Gottlieb:

I hear your concerns. We are taking a very fresh and close look at this.