The Food and Drug Administration (FDA) has announced that the International Dairy Foods Association (IDFA) and the National Milk Producers Federation (NMPF) have filed a petition requesting that the agency amend the standard of identity for milk and 17 other dairy products “to provide for the use of any safe and suitable sweetener as an optional ingredient.” FDA is seeking comments and other information by May 21, 2013.

IDFA and NMPF have evidently asked FDA to amend the milk standard of
identity to allow optional characterizing flavoring ingredients used in milk—
such as chocolate—to be sweetened with any safe and suitable sweetener,
including non-nutritive sweeteners such as aspartame. According to IDFA
and NMPF, the proposed amendments “would promote more healthful
eating practices and reduce childhood obesity by providing for lower-calorie
flavored milk products.” In particular, the petitioners claim that lower-calorie
flavored milk would assist “in meeting several initiatives aimed at improving
the nutrition and health profile of food served in the nation’s schools,”
including “state-level programs designed to limit the quantity of sugar served
to children during the school day.” They also argue that the amended standard
of identity would “promote honesty and fair dealing in the marketplace.”
See Federal Register, February 20, 2013.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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