For FDA, plant-based milk can be called milk

The agency has put a new regulatory draft out for public consultation e will accept comments until April 24, 2023

The US Food and Drug Administration (FDA) published, on February 22, 2023, a regulatory draft which indicates that vegetable drinks (made from soy, oats and almonds, for example) must continue to use the term “milk” on the label.

Getting straight to the point, the agency said these products do not mislead American consumers, who know they are buying a plant-based beverage, not an animal-derived one, and recommends that manufacturers clearly label their products by the plant source of the food (such as “soy milk,” “oat milk,” etc.). According to the draft guidelines, the FDA also considers that in order to be called “milk,” the product must meet a quality criteria that includes nutritional aspects (such as amount of protein, vitamins and fiber) and not the source of production (animal or vegetable).

This was a move that ran counter to what some in the U.S. industry had envisioned, and it indicated that the FDA is looking to the future. For years, lawmakers in dairy states have tried to pass bills that would require the FDA to enforce a federal standard that defines “milk” only as the product of “the milking of one or more healthy cows.”

And here in Brazil it is no different: according to the president of GFI Brazil, Gus Guadagnini, “with more recognition and government support, the animal-based dairy alternatives industry can continue to grow and expand, offering consumers more healthy and sustainable options in the future. Brazil can be a leader in this industry globally and, thus, generate many jobs and tax revenue. To do this, we also need a fair regulatory framework that exists in the interests of consumers, not anti-competitive industry protectionism.”

GFI Brazil’s vice president of public policies, Alexandre Cabral, adds: “the government’s role is to reduce the risk associated with regulatory uncertainty. To this end, we believe it is appropriate for Anvisa to evaluate the issuance of a Technical Labeling Report on the subject.”

The FDA will accept comments and suggestions in the public comment process through April 23, when it will begin work on the final version of the labeling recommendation. The content of this and other FDA documents is intended to provide clarity to the public and should be viewed as recommendations. But while these labeling recommendations are not binding, they indicate that the agency’s assessment is consistent with several research that indicate that consumers are purchasing plant-based products consciously. The guidelines in this document do not apply to non-beverage dairy products, such as yogurt – the FDA is developing draft guidance to address the labeling and naming of other plant-based alternative products and will communicate updates when available.