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Food News


THIS SECTION IS FOR NEWS AND INTERESTING STORIES RELATED TO FOOD, NUTRITION AND FOOD PROCESSING. THEY ARE NOT NECESSARILY RELATED TO KOSHER BUT MAY BE OF INTEREST TO THE KOSHER CONSUMER, MANUFACTURER OR MASHGIACH.

Welch introduces bipartisan DAIRY PRIDE Act to combat mislabeling of non-dairy products

February 28, 2023 from the VermontBiz:

"Following the US Food and Drug Administration’s proposed guidance last week allowing nut, oat, soy, and other non-dairy products to use the name "milk,” Senators Tammy Baldwin (D-WI), Jim Risch (R-ID), Susan Collins (R-ME), and Peter Welch (D-Vermont) today introduced bipartisan legislation to combat the unfair practice of mislabeling non-dairy products using dairy names. The Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake of Dairy Everyday Act (DAIRY PRIDE Act) of 2023 would require non-dairy products made from nuts, seeds, plants, and algae to no longer be mislabeled with dairy terms such as milk, yogurt or cheese.

"Current Food and Drug Administration (FDA) regulations define dairy products as being from dairy animals, however, last week the FDA released ill-advised draft guidance allowing plant-based products to continue to use dairy terms despite not containing dairy, nor having the nutritional value of dairy products.

"The FDA’s anti-dairy draft guidance contradicts their own regulation and definitions, allowing non-dairy products to use dairy names, violating the Administrative Procedure Act, and hurting dairy farmers and producers, who work tirelessly to ensure their Made in Wisconsin dairy products meet FDA standards and provide the public with nutritious food. It has also led to the proliferation of mislabeled alternative products that contain a range of ingredients and nutrients that are often not equivalent to the nutritional content of dairy products.

"The DAIRY PRIDE Act would require the FDA to issue guidance for nationwide enforcement of mislabeled imitation dairy products within 90 days and require the FDA to report to Congress two years after enactment to hold the agency accountable for this update in their enforcement obligations. The legislation would also nullify any guidance that is not consistent with dairy standards of identity, including the one released last week.

"The bipartisan legislation is also cosponsored by Senators Mike Crapo (R-ID), Angus King (I-ME), Ben Ray Luján (D-NM), Roger Marshall (R-KS) and Tina Smith (D-MN).


FDA Provides Draft Labeling Recommendations for Plant-based Milk Alternatives to Inform Consumers

February 22, 2023 from the FDA:

The U.S. Food and Drug Administration announced draft recommendations for industry on the naming of plant-based foods that are marketed and sold as alternatives to milk. The draft guidance also recommends voluntary nutrient statements for the labeling of some plant-based milk alternatives.

In addition to the increase in market availability and consumption, the variety of alternative products available in the marketplace has also greatly expanded from soy, rice and almond to include cashew, coconut, flaxseed, hazelnut, hemp seed, macadamia nut, oat, pea, peanut, pecan, quinoa and walnut-based beverages. Although these products are made from liquid-based extracts of plant materials, such as tree nuts, legumes, seeds or grains, they are frequently labeled with names that include the term “milk.”

The draft guidance, “Labeling of Plant-based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry,” recommends that a plant-based milk alternative product that includes the term “milk” in its name (e.g., “soy milk” or “almond milk”), and that has a nutrient composition that is different than milk, include a voluntary nutrient statement that conveys how the product compares with milk based on the U.S. Department of Agriculture’s (USDA) Food and Nutrition Service fluid milk substitutes nutrient criteria. For example, the label could say, “Contains lower amounts of Vitamin D and calcium than milk.”

In September 2018, the FDA requested information on the labeling of plant-based milk alternatives (PBMA) with terms that include the names of dairy foods such as “milk.” More than 13,000 comments were received, and the FDA determined that consumers generally understand that PBMA do not contain milk and choose to purchase PBMA because they are not milk. However, many consumers may not be aware of the nutritional differences between milk and PBMA products. For example, almond- or oat-based PBMA products may contain calcium and be consumed as a source of calcium, but their overall nutritional content is not similar to milk and fortified soy beverages, and they are not included as part of the dairy group in the Dietary Guidelines 2020-2025.

Dairy foods, including milk, are recommended by the Dietary Guidelines as part of a healthy eating pattern and contribute multiple key nutrients, including protein and vitamins A and B-12, along with calcium, potassium and vitamin D, which are currently under-consumed. The Dietary Guidelines only includes fortified soy beverages in the dairy group because their nutrient composition is similar to that of milk. However, the nutritional composition of PBMA products varies widely within and across types, and many PBMAs do not contain the same levels of key nutrients as milk.

To support consistency across federal nutrition policies, the draft guidance recommends that industry use the USDA’s Food and Nutrition Service fluid milk substitutes nutrient criteria to determine if a PBMA is nutritionally similar to milk. Also, the FDA encourages consumers to use the Nutrition Facts label to compare the nutrient content of different products to help make informed choices.

Milk and Plant-Based Milk Alternatives: Know the Nutrient Difference

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