The heated discussion about alternate milk labels goes on.
In 2023, the US Food and Drug Administration (FDA) released draft guidelines for the naming of plant-based foods that are sold and marketed as dairy substitutes. Certain plant-based milk substitutes should be labeled with voluntary nutrient declarations, according to the draft advice “Labeling of plant-based milk alternatives and voluntary nutrient statements: guidance for industry.”
The guidelines were created in response to the notable rise in plant-based milk substitutes that are now offered for sale. The objective of the endeavor was to furnish consumers with unambiguous labeling guidelines so that they may make knowledgeable selections about nutrition and purchases.
The FDA stated that the range of alternative products available in the market has significantly increased from soy, rice, and almond to include beverages made from cashew, coconut, flaxseed, hazelnut, hemp seed, macadamia nut, oat, pea, peanut, pecan, quinoa, and walnut. This is in addition to the increase in market availability and consumption. Products are often branded with names that include “milk,” even if they are made from liquid-based extracts of plant materials, such as tree nuts, legumes, seeds, or grains.
Since the plan was released, the industry has provided more than 900 comments. Industry leaders have something to say from the Plant Based Foods Association (PBFA), Danone North America, National Milk Producers Federation (NMPF), and International Dairy Foods Association (IDFA).
Numerous groups advocating for the dairy sector think the FDA’s proposed guidelines don’t go far enough in preventing deceptive labeling.
The FDA’s proposal to identify the nutrients on the front of the container for plant-based milk substitutes is deemed unsatisfactory as a solution and burdensome for customers, according to the IDFA in Washington.
Consequently, the IDFA suggested that the FDA add a note on the packaging explaining the nutritional distinctions between plant-based substitutes and milk.
Roberta Wagner, senior vice president of regulatory and scientific affairs at IDFA, stated, “For several years, IDFA has been advocating for the FDA to issue industry guidance that aligns with its standards that foods must be labeled in a truthful and non-misleading way while also advancing the nutrition security of all Americans.” For instance, outlining the ways in which the nutrients in non-dairy beverages and milk differ from those in milk in the way that the FDA has suggested would make it challenging for consumers to compare the nutrients in the two and could cause more confusion. To make selections about what to buy, consumers shouldn’t require a highly specialized college degree in nutrition.
The IDFA supported the FDA’s position in comments it filed, arguing that more information should be provided on labels of plant-based “milk” substitutes, like “soy milk” and “almond milk,” to help consumers understand how different these beverages are from milk nutritionally.
Wagner stated: “Instead, IDFA suggests the FDA incorporate a brief declaration regarding the nutritional distinction between milk and plant-based milk substitutes and motivate customers to utilize the nutrient data on the current Nutrition Facts Panel of non-dairy drinks to make decisions that are best for them and their families.”
While the draft guidance on plant-based beverages acknowledges the public health concern regarding nutritional confusion, the NMPF, Arlington, Va., stated in comments submitted to the agency in July 2023 that it falls woefully short of resolving the long-standing issue of misleading plant-based labeling using dairy terminology. The group called on the FDA to move quickly to enforce laws against mislabeled non-dairy drinks that mimic milk, stressing the significance of clear product labeling for consumer comprehension and educated purchasing decisions.
Who is perplexed?
According to Chris Adamo, vice president of public affairs and agricultural policy at Danone North America, in White Plains, New York, one of the biggest dairy processors in the United States, consumers are increasingly searching for plant-based and dairy alternatives for a range of reasons, including taste, sustainability, and health.
“We provide a variety of options across both our dairy and plant-based portfolio at Danone North America to satisfy different consumer preferences and nutritional needs,” he stated. “In light of this, we support the FDA’s guidance that plant-based beverages can be labeled with common and usual names, including those that include the term’milk,’ and the FDA’s recognition of the widespread acceptance of plant-based food and beverages.”
According to Marjorie Mulhall, senior director of policy at the organization, “the evidence is clear: consumers are actively and consciously choosing plant-based milks because they are not animal-based.” There is also no doubt surrounding the labeling of these products.
“This is a novel and unprecedented proposed regulation that could put an excessive burden on plant-based milk producers and confuse consumers by requiring nutrient disclaimers on plant-based milks,” the spokesperson added.
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Furthermore, Mulhall went on, given that various products have a range of intended applications, nutritional equivalence is an inadequate basis for differentiating between plant-based and animal-based milk.
“These ‘important nutrients’ are not specified in the milk standard of identification,’ thus the nutritional value of various brands of milk derived from cows varies: The nutritional profiles of one cup of whole milk and one cup of skim milk normally differ, the expert added. Thus, rather of providing answers, this advice creates more questions: Which nutrient concentrations are regarded as “typical”? If cow’s milk doesn’t reach that nutritional baseline, should it still be subject to this kind of disclosure statement? What rules apply to products made from flavored cow’s milk? This strategy would cause uncertainty in the sector and put a heavy administrative load on the FDA.