According to a new FDA proposal, beverage producers responsible for making plant-based milk alternatives should be allowed to use the term “milk” to describe their products even if they contain no actual dairy content.
The FDA announced on Wednesday that it is sharing its “current view on the naming of plant-based milk” and will welcome public feedback as it works to finalise its guidelines on the subject.
The FDA stated in a 29-page draught guidance that it is considering the potential terminology allowance because most consumers understand the differences between plant- and animal-produced milk due to the growth of the non-dairy market. Because of this expansion, the term “milk” has come to refer to the byproduct produced when water is combined with a tree nut, legume, seed, or grain.
“The range of plant-based milk alternatives available in the market has also greatly expanded from soy, rice, and almond-based to cashew, coconut, flaxseed, hazelnut, hemp seed, macadamia nut, oat, pea, peanut, pecan, quinoa, and walnut-based,” the FDA wrote in its draught guidance.
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The US Food and Drug Administration is proposing that plant-based milk manufacturers be allowed to call their products “milk” despite the fact that they contain no dairy.
The US Food and Drug Administration is proposing that plant-based milk manufacturers be allowed to call their products “milk” despite the fact that they contain no dairy. (iStock)
According to the agency, plant-based milk consumption in the United States increased from one in every five households in 2010 to one in every three households in 2016.
Retail sales of plant-based milk are expected to reach $2.4 billion by 2020.
According to the FDA, the majority of consumer responses it has received about plant-based milk cite changing diets as the primary reason for their dairy-free purchase.
Plant-based milks, such as almond milk and soy milk, may be marketed as milk.
Plant-based milks, such as almond milk and soy milk, may be marketed as milk. (iStock)
The FDA wrote in the draught guidance’s “Consumer Understanding of Plant-based Milk Alternatives” section that multiple studies show that the majority of retail shoppers understand that plant-based milk alternatives do not contain animal-produced milk, and they are not confused when they see the word “milk” on a plant-based beverage label.
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“According to one consumer survey, approximately three-quarters of its respondents understood that plant-based milk alternatives do not contain milk; less than 10% believed that plant-based milk alternatives do contain milk, and the remainder did not know,” the FDA continued.
When discussing plant-based milk alternatives, the FDA also stated that commissioned and internally conducted focus groups revealed that the term “milk” is “strongly rooted” in consumer vocabulary.
The United States Food and Drug Administration is a federal agency of the Department of Health and Human Services that ensures the safety, efficacy, and security of food, drugs, and biological products. Its headquarters are in White Oak, Maryland.
The United States Food and Drug Administration is a federal agency of the Department of Health and Human Services that ensures the safety, efficacy, and security of food, drugs, and biological products. Its headquarters are in White Oak, Maryland. (Andrew Kelly/Reuters)
The FDA listed soy milk and almond milk as plant-based milk alternatives that “appear to be established by common usage.”
Consumers who took part in the FDA’s focus groups reportedly stated that they “feel familiar and comfortable” using the word “milk” instead of words like “beverage” or “drink” when referring to plant-based alternatives.
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Participants in focus groups stated that they buy plant-based milk to accommodate allergies, intolerances to dairy milk, and lifestyle choices such as following a vegan diet or preferring a liquid with lower fat and cholesterol content.
The FDA has the authority under the Federal Food, Drug, and Cosmetic Act (FD&C Act) to establish definitions and standards of identity for foods, such as naming conventions for common or usual foods, conformity mandates, and label requirements.
In 1973, the FDA established a standard of identity for milk, defining it as “the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy cows.”
Cows are the most common dairy animal in the United States. Goats, sheep, and buffalo are examples of dairy animals.
Cows are the most common dairy animal in the United States. Goats, sheep, and buffalo are examples of dairy animals. (iStock)
According to the FDA, beverage products that claim to be milk must conform to the definition and standard of milk and bear clear labelling that describes it as such.
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“Products that do not purport to be or are not represented as milk are exempt from these requirements,” the FDA stated. “Plant-based milk substitutes are not milk because they are made from plant materials rather than cow lacteal secretion. As a result, they are not permitted to be sold as “milk” under the FD&C Act.”
Although many plant-based milk alternatives are labelled with names that bear the term’milk’ (e.g.,’soy milk,’ they do not purport to be nor are they represented as milk,” according to the FDA, and consumers generally understand this despite the dairy-free product being placed next to animal milk in grocery stores.
There is no FDA standard of identity for plant-based milk. It also does not require labelling that identifies plant-based milk as “imitation” milk because the FD&C Act defines imitation foods based on resemblance and nutritional inferiority.
Plant-based milk can be made from a variety of tree nuts, legumes, seeds, and grains.
The FDA’s draught guidance acknowledged that the agency recognises the need to consider First Amendment free speech considerations when regulating commercial speech for food and beverage labelling.
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The FDA recognises that the nutritional content of plant-based and animal-produced milk varies greatly depending on the raw materials and processing methods used, vitamin and mineral fortification, and the addition of other ingredients such as sugar and oil.
The FDA encourages the use of “dairy-free” and “non-dairy” labelling on plant-based milk products to ensure “truthful and not misleading label statements” for consumers, but it is not required in the same way that naming the plant-based milk source is, according to the draught guidance.
The FDA’s proposal suggests that plant-based milk manufacturers volunteer nutrient statements describing how their product differs nutritionally from animal-produced milk, so that consumers can make informed dietary decisions.
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“[The] FDA seeks to improve dietary patterns in the United States to aid in the reduction of the burden of nutrition-related chronic diseases and to advance health equity,” the agency stated in its overview and purpose section. “Making sure that plant-based milk alternative labels are clear will help consumers quickly determine the attributes of products they are purchasing for themselves and their families.”
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The USDA recommends that people over the age of two consume two to three cups of dairy per day.
The USDA recommends that people over the age of two consume two to three cups of dairy per day. (iStock)
In 2018, the FDA requested public feedback on the “Use of Dairy Food Names in the Labeling of Plant-Based Products.”
According to reports, the agency received over 13,000 comments on plant-based foods with dairy terms in their names.
The FDA’s current draught guidance on “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Industry Guidance” is available at fda.gov/media/165420/download.
Consumers can submit comments on the naming and nutrition labelling of plant-based milk via regulations.gov or by mailing a comment to the FDA’s dockets management team.
Food and Drug Administration 5630 Fishers Lane, Rm 1061 Rockville, MD 20852 Dockets Management
The FDA has requested that all written comments about plant-based milk be identified with the docket number FDA-2023-D-0451.
Public comments must be submitted by Monday, April 24, 2023, in order for the FDA to consider consumer concerns before working on the final version of its guidance.
Plant-based milk producers and dairy farm associations have long disagreed about the use of the term “milk,” and both have urged the FDA to establish clear and enforceable guidelines.
The use of the term “milk” on plant-based milk packaging has been challenged in courts across the country, including in Wisconsin, which is known as “America’s Dairyland” or “The Cheese State.”
In grocery stores and supermarkets, customers have a variety of milk options to choose from.
The Office of Wisconsin Sen. Tammy Baldwin issued a press release on behalf of dairy farmers, calling the FDA’s current proposal “ill-advised guidance on the unfair use of dairy terms to mislabel plant-based products.”
According to the Plant Based Foods Association, a national trade association representing leading plant-based food companies, the FDA’s recommendation for voluntary nutrient statements on plant-based milk is “unprecedented, unwarranted, and a solution in search of a problem.”
