Plant-Based Drinks Can Be Labeled as ‘Milk,’ FDA Says

Agency proposal urges labels explaining the products’ nutritional differences from cow’s milk

WASHINGTON—Plant-based milk products may continue to be labeled as “milk,” but should put information on their label explaining how they are different from cow’s milk, the U.S. Food and Drug Administration said in a proposal Wednesday.

The move drew mixed reviews from the dairy industry and its advocates, which want to prohibit nondairy milks from using the word “milk,” but applauded the push to explain nutritional differences between cow’s milk and other plant-based options. 

“Today’s FDA announcement is a step toward labeling integrity for consumers of dairy products, even as it falls short of ending the decades-old problem of misleading plant-based labeling using dairy terminology,” Jim Mulhern, chief executive of the National Milk Producers Federation, said in a written statement. He said his group would work with lawmakers to ensure that “plant-based imposters” won’t be able to use dairy terms. 

Plant-based beverages can label themselves as a beverage or milk derived from their primary ingredient, such as soy, almonds or cashews, the FDA said in its proposal. But plant-based beverages that call themselves milk should also explain how their nutritional content compares to cow’s milk, adding to their labels in a prominent place how they differ in levels of calcium or vitamin D, for example, the agency said. 

Advocates for plant-based milks said the FDA’s new guidance would add unnecessary burdens to the growing plant-based drink industry. An estimated one-third of U.S. households consume plant-based drinks, the FDA said, citing a report from the Cornucopia Institute, a consumer-watchdog organization.  

Madeline Cohen, a senior regulatory attorney at the Good Food Institute, a nonprofit think tank supporting alternative proteins, said cows are a significant source of methane emissions, a greenhouse gas. 

“If the U.S. is serious about meeting its climate commitments, imposing arbitrary regulatory hurdles that disadvantage the plant-based dairy industry is the last thing the FDA should be doing,” Ms. Cohen said.

The FDA is soliciting comments on the proposal before completing it. While the recommendations are optional, companies often comply with the FDA’s guidance to be on safe footing if they are sued. 

FDA officials said their proposal reflected their assessment that people generally understand that plant-based milks aren’t the same as cow’s milk, but don’t have a thorough grasp of how they differ nutritionally. 

The agency conducted its own focus groups and received more than 13,000 comments on the issue when it began soliciting input in 2018 about how to label the plant-based alternatives to milk.

“Getting enough of the nutrients in milk and fortified soy beverages is especially important to help children grow and develop, and parents and caregivers should know that many plant-based alternatives do not have the same nutrients as milk,” Susan Mayne, director of the FDA’s Center for Food Safety and Applied Nutrition, said in a written statement.

The FDA said the proposed guidelines were aimed at helping people navigate the growing selection of plant-based beverages as they expand beyond almond and soy milk to drinks made from ingredients such as cashews, macadamia nuts, quinoa and hemp seeds. 

Sales of plant-based milks have continued to increase over the past 15 years, the FDA said, adding that one-third of U.S. households purchased them in 2016, up from one-fifth of U.S. households in 2010. Retail sales of these plant-based milks rose to about $2.4 billion in 2020, according to the FDA.  

The agency said participants in its research groups indicated that they thought a product labeled “milk” was of higher quality than ones labeled “beverage” or “drink.” 

Allies of the dairy industry on Capitol Hill slammed the FDA on Wednesday for continuing to allow plant-based milks to use dairy terminology.

Sens. Tammy Baldwin (D., Wis.) and Jim Risch (R., Idaho) said they planned to reintroduce legislation that would prevent products made from nuts, seeds, plants or algae from being labeled with dairy terms such as milk, yogurt or cheese. The FDA’s latest proposal only applies to milk.

“America’s dairy farmers work hard to produce second-to-none products with the highest nutritional value, and plant-based products should not be getting away with using their good name,” the senators said in a joint statement. 

The FDA said the guidance doesn’t apply to milk from other mammals, including goats, sheep and camels, which aren’t consumed as much and don’t pose the same potential public-health concerns. 

Article Credits: The Wall Street Journal