Why the DAIRY PRIDE Act Matters for Idaho Families and Dairy Producers

By Congressman Mike Simpson

Washington, D.C. – “When it comes to the products we buy or consume, names matter.  We expect a product’s name to tell us about what it is, what it will do, and whether it will make our lives better.  But when the name of a product leads us to believe it is something that isn’t true, we can be misled into buying something that doesn’t give us what we expected.  That’s why I am concerned that the Food and Drug Administration (FDA) continues to allow dairy imitation producers to use terms associated with dairy products, like milk, cheese, and yogurt, when marketing these products.  This lack of enforcement by the FDA leads consumers to believe that dairy imitators are nutritionally equivalent to dairy products.  By failing to enforce their own standards of identity that promote transparency and fairness, the FDA is allowing consumers to be sold a bill of goods that doesn’t live up to its name.

“I know Idahoans don’t actually think that a beverage labeled “almond milk” or “soy milk” is real cow’s milk.  But I also know that when a plant-based alternative is labeled as “milk,” consumers tend to believe that it provides the same health benefits and nutrient profile as the dairy product.  For example, we know that milk has up to eight times as much protein as almond-based drinks, but, according to a 2018 consumer survey, 73 percent of consumers inaccurately believed that almond-based drinks were an equal or better source of protein than milk. 

“This confusion has consequences for consumers.  Dairy products are an important part of the diet of young children, and when parents think that plant-based alternatives offer the same nutritional benefits as actual dairy products, they may unintentionally choose a less nutritious option for their families.  The American Academy of Pediatrics has joined with other medical groups to clarify that these beverages should not, in most cases, be served to young children as a substitute for real dairy products.  Americans who care deeply about providing the best nutrition for their families are being misled because the FDA has failed to enforce accurate and transparent information on product labels.

“This misinformation also hurts American dairy producers.  Idaho’s dairy producers rank third in the nation for dairy production and make a significant contribution to our state’s economy.  For generations, these hard-working men and women have produced high-quality and nutritious products.  But more and more we see producers of plant-based alternatives exploiting the good reputation of dairy to sell their product.  They use the word “milk” on their labels to market their plant-based product as an alternative for dairy milk when, in fact, it is a poor nutritional substitute for the real thing.  It leaves consumers with a false sense that dairy products are nutritionally inferior when the exact opposite is true.  This deceit unfairly harms dairy producers in Idaho and across the country. 

“On the surface, it may seem harmless to use the word “milk” to describe a beverage that looks a lot like milk.  But by failing to enforce dairy standards of identity and allowing consumers to be confused about the real nutritional value of the foods they purchase, the FDA is doing real harm to both consumers and dairy producers.  In fact, the FDA recently released draft guidance allowing plant-based products to continue to use dairy terms like milk, yogurt, or cheese.  This misguided step by the FDA led me and my colleagues to reintroduce the DAIRY PRIDE Act of 2023.  The DAIRY PRIDE Act would require the FDA to issue guidance for nationwide enforcement of mislabeled imitation dairy products and would nullify any guidance not consistent with dairy standards of identity.  It would require honest nutritional labeling for consumers and make sure that plant-based beverages are not marketed using terms that are commonly associated with dairy products.  Doing so will protect customers from being misled about the nutritional benefits of dairy alternatives.  I am fully committed to supporting Idaho’s dairy producers and empowering consumers with the information they need to make good choices about their families’ nutrition when they go to the grocery store.”

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