U.S. Sens. Tammy Baldwin (D., Wis.) and Jim Risch (R., Ida.) and Reps. Peter Welch (D., Vt.) and Mike Simpson (R., Ida.) reintroduced bipartisan legislation to address what they termed the “unfair practice of mislabeling non-dairy products.” The Dairy Pride Act prohibits non-dairy products from using dairy terms on their labeling and forces the agency to resolve the issue within 90 days of its passage.

The Defending against Imitations & Replacements of Yogurt, Milk & Cheese to Promote Regular Intake of Dairy Everyday Act (DAIRY PRIDE Act) would require non-dairy products made from nuts, seeds, plants and algae to no longer be labeled with dairy terms such as milk, yogurt or cheese. The legislation is co-sponsored by Sens. Patrick Leahy (D., Vt.), Mike Crapo (R., Ida.), Debbie Stabenow (D., Mich.) and Angus King (I., Maine).

Current Food & Drug Administration regulations define dairy products as being from dairy animals. Although existing federal regulations are clear, FDA has not enforced these labeling regulations, and the mislabeling of products as milk, yogurt and cheese has increased rapidly.

The DAIRY PRIDE Act would require FDA to issue guidance for nationwide enforcement of mislabeled imitation dairy products within 90 days and require FDA to report to Congress two years after enactment to hold the agency accountable for this update in enforcement obligations.

Related:NMPF files citizen petition on dairy labeling

“Imitation products have gotten away with using dairy’s good name for their own benefit, which is against the law and must be enforced. Mislabeling of plant-based products as ‘milk’ hurts our dairy farmers,” Baldwin said. 

Baldwin added in a statement that the mislabeling hurts dairy farmers who work tirelessly to ensure that 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 nutrition content of dairy products,” a statement on the bill explained.

“The nutritional value found in dairy is not replicated by imitation products, and it’s time our labeling requirements reflect that,” Risch added.

“Now is the time for clarity to be brought to the dairy case," Jeff Lyon, general manager of FarmFirst Dairy Cooperative in Madison, Wis., said. "Consumers want transparency in the food and the products they buy more than ever before. We commend Sen. Baldwin for her efforts to hold the FDA accountable. Clear and accurate food labels is something that consumers deserve, as well as dairy farmers receiving recognition for their hard work and dedication in producing such a wholesome, quality product.”

Related:FDA now will sort out fight over what is milk

“For too long, the FDA has turned a blind eye to the misbranding of imitation dairy products, despite the decades-old federal law that milk comes from animals, not vegetables or nuts," said Jim Mulhern, president and chief executive officer of the National Milk Producers Federation (NMPF). "None of these imitators provides the same high quality and quantity of nutrition offered by real milk. Sen. Baldwin’s bipartisan DAIRY PRIDE Act, co-authored by Sen. Risch, will simply ensure that FDA enforces current law by requiring marketers of these imitation products to call them something other than milk.”

While NMPF continues to press the agency to strengthen its own enforcement, substantial support for dairy in Congress only underscores the urgency for FDA to act, Mulhern noted.

Following NMPF’s submission of a citizen petition to FDA earlier in March outlining a path forward as the agency considers more than 13,000 comments submitted on the proper use of dairy terms, the DAIRY PRIDE Act would protect the integrity of food standards by prompting FDA to enforce labeling requirements for dairy.

“We hope that the FDA will soon do the right thing by updating and enforcing rules that aid consumers by providing clear, accurate labeling on what is -- and what isn’t -- milk, and we are ready to help the agency in any way we can,” Mulhern said.

FDA’s comment period on dairy labeling expired at the end of January. However, with FDA Commissioner Scott Gottlieb recently announcing his resignation, FarmFirst Dairy Cooperative is concerned that his departure will slow down FDA efforts to enforce dairy labeling standards. In a letter to Gottlieb, senators urged Gottlieb to “move forward and expeditiously enforce against imitation products that use dairy’s good name for their own benefit, in violation of the FDA’s existing Standards of Identity.”