FDA redefines 'milk': Dairy State senator slams approval of label for plant-based substitutes

Wisconsin Democratic Sen. Tammy Baldwin on Thursday slammed the Food and Drug Administration for its ruling in favor of plant-based milk substitutes, signaling conflict ahead between the agency and a lawmaker representing the state synonymous with dairy farming. 

The FDA ruled this week that U.S. manufacturers will be able to continue calling certain liquids "milk" even though they come from plant-based sources such as almonds and soy. 

The ruling came over the protests of dairy farmers who seek to reserve the designation "milk" for true milk. The FDA said in its draft guidance that the "milk" label is "strongly rooted in consumers' vocabulary when describing and talking about plant-based milk alternatives."

Baldwin slammed the ruling on Wednesday. "I took a stand for Wisconsin dairy farmers by calling out [the FDA's] guidance allowing plant-based products to be labeled as 'milk'," she wrote on Twitter. "This misguided act hurts our farmers & we must protect the integrity of dairy products."

Posting a dictionary definition of milk as "an opaque white fluid rich in fat and protein, secreted by female mammals for the nourishment of their young," Baldwin wrote, "If you're wondering, the definition of milk hasn’t changed." 

Wisconsin in 2021 led all states in number of dairy farms, with 23% of the U.S. total, and produced 14% of the national milk supply, which ranked second to California. 

In a press release posted to her Senate website, Baldwin argued that "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."

Baldwin indicated she and Idaho Republican Sen. Jim Risch would be moving to override the proposed guidelines with legislation. 

"Since the FDA is failing to enforce its own definitions for dairy terminology and stop imitation products from deceiving consumers, we will be reintroducing our DAIRY PRIDE Act to stand up for America's dairy farmers and the quality products they make," the two senators declared.

That act, according to the release, would "require the FDA to issue guidance for nationwide enforcement of mislabeled plant-based 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. "

Baldwin's sharp criticism could signal a battle ahead over labeling between the regulators and the powerful dairy industry. Farmers have historically been among the more vocal American voting blocs, with presidential candidates and Senate hopefuls regularly prioritizing dialogue with farm owners and food producers throughout the country. 

The FDA's guidance this week is meant in part as a solicitation of comments regarding the proposed changes. The administration will hear comments on the matter for 60 days, which could invite considerable pushback from dairy farmers mobilized to contest the proposed changes. 

Part of the guidance, the FDA explained Wednesday, recommends that companies that use the "milk" label on plant-based drinks "include a voluntary nutrient statement that conveys how the product compares with" actual milk. 

The FDA noted that it is "in the process of developing a draft guidance to address the labeling and naming of other plant-based alternative products."