Legislatures are outlawing use of the term ‘milk’ on dairy free drink brands. At least they’re attempting to. This comes by way of dairy farmers who argue that labeling dairy alternatives in this manner is misleading consumers into thinking that nondairy milk is nutritionally similar to cow’s milk.
According to the New York Times, a bipartisan group of 32 members of Congress is asking the Food and Drug Administration (F.D.A) to crack down on companies that call plant-based beverages “milk.” They say F.D.A. regulations define milk as a “lacteal secretion” obtained by milking “one or more healthy cows.” Proposed legislation suggests a slightly broader definition that would require the F.D.A. to target milk, yogurt and cheese products that do not contain milk from “hooved mammals.”
Meanwhile, critics argue that use of the term ‘milk’ is not intended to mislead consumers. Instead, it merely seeks to offer a safe alternative to dairy products.
Consequently, a bigger argument has come into play. The F.D.A. is the authority who has defined the term. As such, the F.D.A. has historically defined ‘milk’ as the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows. However, in light of the current debate that definition is now being called into question.
Advocacy groups, opposing legislators and non-dairy brands are arguing that outlawing use of the term ‘milk’ is a denial of free speech. They go on to argue that use of the term in no way misleads consumers and instead it merely provides a safe alternative.
Recently, a significant action in favor of this reasoning occurred. Virginia Governor Ralph Northam vetoed House Bill 119, a legislation that would prohibit the use of the term “milk” by plant-based companies.
Additionally, Forbes reported that in Ocheesee Creamery LLC v. Putnam, the Eleventh Circuit U.S. Court of Appeals sided with the creamery ruling that “the Creamery’s use of the words ‘skim milk’ to describe its skim milk is not inherently misleading” and is protected under the First Amendment. The court reasoned that there were “numerous less burdensome alternatives” that would have “involved additional disclosure without banning the term ‘skim milk.’”
Several federal courts have since echoed the rejection of the argument that calling non-cow milk “milk” is misleading including the U.S. Ninth Circuit Court of Appeals.
These were all major successes for plant based milk brands. Both the veto and the rulings invalidate the rationale proposed by legislatures for outlawing the term ‘milk’ on the labels of dairy free brands.
What do you think? Should dairy free brands be free to use the term ‘milk?’ Why or why not?
