Amid tussle over milk labeling, FDA proposes ‘voluntary nutrient statements’

Americans know the difference in origin between cow’s milk and plant-based milk, and they ought to be told when a dairy alternative has a different nutrient makeup, said the Food and Drug Administration on Wednesday. Its proposal, for a statement on packages for many types of plant-based milks, satisfied neither side in the years-old argument over what can be called “milk.”

The milk industry, snorting at the “bogus marketing of fake milk,” said it would seek a federal law restricting use of the name “milk” to cow’s milk. An alternative-foods think tank objected to “de facto labeling requirements” for plant-based products, while milk would get “a free pass.”

Plant-based milks are an increasingly popular option in grocery stores. The FDA received more than 13,000 responses when it asked for public comment in September 2018 on the use of such names as “milk,” “yogurt,” and “cheese” for plant-based alternatives, which can vary in nutritional content, and on whether consumers would mistakenly believe they had the same key nutrients as dairy products.

FDA commissioner Robert Califf said the agency’s proposal, called a draft guidance to industry, “should lead to providing consumers with clear labeling to give them the information they need to make informed nutrition and purchasing decisions on the products they buy for themselves and their families.”

The draft guidance recommends that makers voluntarily put a statement on plant-based milk alternatives (PBMAs) if the product is sold as a milk and has a different nutrient makeup than milk. The statement would compare the PBMA with milk, such as saying: “Contains lower amounts of Vitamin D and calcium than milk.”

Companies traditionally treat FDA guidance as binding, although the documents are not actual federal regulations. As an example, the FDA used guidance documents to eliminate the use of medically important antibiotics as a growth promoter in cattle, hogs, and poultry.

The FDA said that “consumers generally understand that PBMA do not contain milk and choose to purchase PBMA because they are not milk.” PBMAs are an option for people with allergies or who want to avoid dairy for dietary or other reasons. “However, many consumers may not be aware of the nutritional differences between milk and PBMA products,” the agency said.

Almond milk, the most popular type of plant-based milk, does not contain as much calcium as cow’s milk, said the FDA. Fortified soy milk is the only plant-based milk with a nutrient content similar to milk.

U.S. per capita milk consumption has waned for years in the hurly-burly competition for beverage sales. Sales of milk alternatives totaled $2.9 billion in 2020 and were projected to reach $3.7 billion in 2025, said Statista. “Plant-based milk is the true king of the wider alternatives category … ahead of meat, ready-made meals, and ice cream products.”

USDA analysts say the increase in sales of plant-based milk is much smaller than the decline in sales of fresh milk, “so plant-based milk alternatives can explain only a small share of overall sales trends.”

The FDA will accept comments on the proposal until April 24.

To read an FDA consumer update on the draft guidance, click here.

To read a constituent update on the draft guidance, click here.

To read the draft guidance, click here.

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