Plant-based milk: A lacteal secretion?

By Mykel Bickham, director of government affairs

In the dairy industry, we all understand what milk is. We also know that everything has to have a definition in the legal system. The FDA defines milk as “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows.” 

This tight definition leaves little room for interpretation. Plant-based milk alternatives obviously do not fall under that definition and should not be allowed to use the term “milk,” right? 

According to their new draft guidance, the FDA says it is not that simple. The agency has determined that plant-based products using names like “almond milk” and “coconut milk” have become common names in American society and are therefore allowed to continue using the term. Edge and our farmers very much disagree with this interpretation.

Our farmers have invested hundreds of millions of checkoff dollars into building dairy’s good name. In fact, according to the draft guidance, consumer research has shown that: “‘milk’ may create a more favorable perception of plant-based milk alternatives’ nutritional content compared with the use of terms like ‘drink’ or ‘beverage.’” Yet the agency will continue to allow the use of dairy terms, despite consumer confusion.

While disappointed with the continued misuse of the term “milk,” Edge is pleased to see the FDA recognize that consumers don’t understand that plant-based milk alternatives do not have the same nutritional value as dairy milk. Research found that most consumers bought milk alternatives because they thought that it was actually healthier than dairy milk.

This guidance raises public health concerns, as dairy provides thirteen essential nutrients in the American diet helping fulfill the requirements of the Dietary Guidelines for Americans. In fact, most of the plant-based milk alternatives are not reimbursable through the national school lunch program because they can’t replace the nutrition that milk provides.

The guidance asks the milk alternatives to clearly spell out the nutritional differences between their product and dairy milk. For example, suppose an imitation milk product has less calcium than milk. In that case, the product should bear a nutrient statement that the product “contains a lower amount of calcium than milk” somewhere prominent on the label. 

As previously mentioned, this guidance is just in draft form. We now have 60 days to submit comments to FDA. Edge has begun drafting its comments, clarifying that the continued misuse of the term “milk” by plant-based alternatives is unacceptable to the dairy industry. We will also find ways for you to get involved. We will create a standard letter for folks to submit to the agency, letting them know dairy farmers won’t stand for this. Watch your inboxes for that opportunity. 

In addition to pushing FDA to do the right thing, we have been working with Congress on this issue. The DAIRY PRIDE Act was reintroduced in the Senate on Feb. 28 and reintroduced by the House of Representatives the following week. This bill would force the FDA to follow its own regulations and nullify the newly released draft guidance. We are proud to work with Sen. Tammy Baldwin, D-Wis., Rep. Derrick Van Orden, R-Wis., and others to help move this legislation forward. Edge is grateful for leaders representing its dairy farmer members, fighting for dairy’s future. 

At the end of the day, we all know almond milk is not a lacteal secretion. Edge will fight to ensure FDA enforces common sense.