Some lawmakers are looking to block the Food and Drug Administration (FDA) from allowing oat, soy and other non-dairy, plant-based products to be branded with dairy labels such as milk and cheese. 

What You Need To Know

  • The FDA's draft guidance, “Labeling of Plant-based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry,” allows plant-based dairy alternative products to include labels usually associated with dairy products like "milk" and "cheese"

  • The FDA is also advising alternative manufacturers include a voluntary nutrient statement that conveys how the product compares with dairy products

  • After soliciting feedback on potential restrictions, the agency found that consumers knew the difference between the products and believed similar branding didn't cause confusion

  • Unsatisfied with the decision, Sen. Tammy Baldwin, D-Wis., reintroduced her bill, the DAIRY PRIDE Act, to crack down the use of dairy terms

Sen. Tammy Baldwin, D-Wis., strongly disapproves of the FDA's refusal to end, what she called, the mislabeling of milk alternatives.

"It's so clear that these plant-based alternatives are trying to play up on dairy's good name and trying to implicate that they are nutritionally equivalent," said Baldwin. "And I do not believe that should be allowed, especially when you think about how hard the dairy farmers have to work to meet the standards that have been a part of the Food and Drug Administration regulatory structure for decades."

The FDA argued that consumers know the difference between the products, so similar branding shouldn't cause confusion.

Last month, Baldwin reintroduced the Dairy Pride Act to block the FDA's decision and require the agency to crack down on non-dairy products that use the words "milk" or "cheese" in their names.

"We really have a lot of bipartisan support for the Dairy Pride Act. We're working on a farm bill this session. And I'm hopeful that we can either pass the Dairy Pride Act as a standalone bill or we can incorporate it into our work on the farm bill, which will take a broad look at some of the challenges facing agriculture today," Baldwin said.

Rep. Derrick Van Orden, R-Wis., is a co-sponsor of the bill in the House.

"Milk comes from a mammal — it is that simple," said Van Orden. "The nutritional value of whole milk for child development and as an integral part of a healthy diet throughout life cannot be overstated.

"Our dairy farmers work incredibly hard to produce quality products and consumers deserve to know what they are purchasing and consuming. The Dairy Pride Act will serve both these purposes admirably," he continued. 

The legislation went nowhere in the last Congress, but Baldwin said she believes a pathway exists for its passage.

"Wisconsin dairy farmers produce the best, most nutritious milk on the market while plant-based products are allowed to co-opt the label for their own benefit," Kevin Krentz, president of the Wisconsin Farm Bureau Federation, said in a statement. 

Congress and the White House agree on a farm bill every five years to support the agriculture industry and federal nutrition programs. The current bill is set to expire this year.

In its draft guidance, the FDA made a concession to the dairy industry, asking makers of soy, almond and oat milk to provide additional labeling noting the nutritional differences between their drinks and traditional dairy from cows.