Iowa State University researchers have reportedly developed an inexpensive method to test whether milk was produced by grass-fed cows. Fluorescence spectroscopy, which measures light to identify the amount of chlorophyll metabolized by cows, may help regulators enforce organic milk standards requiring cows to eat a minimum of 30 percent foraged grass. The researchers reportedly found that cows fed grass only had about three times as many chlorophyll metabolites as grain- and silage-fed cows, while the organic milk samples they tested had about twice as many chlorophyll metabolites as the grain- and silage-fed cows.
Tag Archives milk
The U.S. Food and Drug Administration's (FDA's) Center for Food Safety and Applied Nutrition has notified the Good Food Institute (GFI) that the agency has been unable to reach a decision on the advocacy group's March 2017 petition requesting recognition for commonly used—if technically inaccurate, per FDA definitions—food names such as "almond milk," "soymilk," "almond butter" and "cashew butter." The letter informs GFI that the agency was "not able to reach a decision on your petition within the first 180 days of its receipt, nor as of the date of this letter, because of other agency competing priorities."
The U.S. Food and Drug Administration (FDA) has announced the availability of industry guidance titled, “Ultrafiltered Milk in the Production of Standardized Cheese and Related Cheese Products: Guidance for Industry.” The guidance advises manufacturers that FDA intends to exercise enforcement in the use of fluid ultrafiltered milk in cheese products. Issue 645
As plant-based beverages appear on more store shelves, the definition of “milk” has become the center of a dispute involving legislatures, regulators, litigators and industry groups. Shook Partners Katie Gates Calderon and Lindsey Heinz, with Associate Elizabeth Fessler, explain the debate in “Dairy Vs. Plant-Based ‘Milks’: A Regulatory Standoff." While Canada and the EU have both ruled that plant-based products cannot be called “milk,” the U.S. Food and Drug Administration (FDA) has yet to take determinative action to ensure that products using "milk" contain cow milk, though it does define the term as “obtained by the milking of one or more healthy cows." Although FDA has warned plant-based beverage manufacturers, the agency has not taken enforcement action against such products and has never ruled on a 1997 petition to allow the use of the term “soymilk.” Moreover, legislation has been introduced in both houses of Congress (H.R. 778; S.130) that…
In the absence of action by the U.S. Food and Drug Administration (FDA), consumer-advocacy and dairy trade groups are disputing whether plant-based beverages, such as those made from soy or almonds, can be called “milk.” The Good Food Institute (GFI) sent a July 31, 2017, letter to FDA requesting action on a 1997 citizen petition filed by the Soyfoods Association of America seeking recognition of the term “soy milk.” The National Milk Producers Federation (NMPF) answered with a statement the same day, saying the effort to alter food-labeling standards “falsely suggests that the products are nutritionally equivalent.” Although FDA has previously issued letters to producers of plant-based beverages warning that their use of the term “milk” is improper because such products do not contain dairy, the agency has never responded to the 1997 petition. NMPF argued that GFI “is mistaken” for trying to revive the 1997 petition and that “[n]othing…
The European Court of Justice (ECJ) has ruled that plant-based products cannot use milk- or dairy-related terms for product names or in marketing because the terms are “exclusively” reserved for animal-milk products under EU law. Verband Sozialer Wettbewerb eV v. Tofu Town.com GmbH, Case C 422/16 (order entered June 14, 2017). Verband Sozialer Wettbewerb eV, a German trade group, asked a regional German court for an injunction against Tofu Town, a producer of vegetarian and vegan products marketed with names such as “veggie cheese,” “Soyatoo tofu butter” and “rice spray cream.” The regional court referred the dispute to the Court of Justice for a preliminary ruling. The court found that EU Regulation 1308/2013 reserves the term “milk” for animal-derived products such as cheese, cream, butter, yogurt and kefir, and further, non-bovine products must specify the animal species from which the milk originates because the regulation defines milk as the product…
The U.K. Advertising Standards Authority (ASA) upheld a complaint arguing an advertisement for Arla Foods’ organic milk was misleading because it included the statements “Good for the land” and “helping support a more sustainable future.” ASA reviewed evidence the company provided about its organic farming methods but concluded that the dairy had failed to substantiate its claim that organic milk production has an “overall positive impact on the environment, taking into account its full life cycle.” Accordingly, the agency ruled that the ad was misleading and told Arla not to make environmental claims about their products unless they could be substantiated. Issue 637
A consumer has filed a proposed class action alleging Sargento Foods misleadingly advertises its cheese products as “natural” despite containing genetically modified organisms (GMOs) or animal growth hormones. Stanton v. Sargento Foods, Inc., No. 17-2881 (N.D. Cal., filed May 19, 2017). The plaintiff asserts that the cows providing milk for the production of Sargento cheeses are fed GMO corn and soybeans as well as a growth hormone. Alleging violations of state consumer protection acts and breach of warranty laws, the plaintiff seeks class certification, damages, an injunction and attorney’s fees. Issue 636
The Second Circuit has upheld the $50 million settlement of an alleged milk price-fixing conspiracy, holding that “[b]y their nature, settlements are compromises that do not provide either side with all that they might have hoped to obtain in litigation.” Haar v. Allen, No. 161944 (2d Cir., order entered April 18, 2017). The class action asserted that Dairy Farmers of America, Inc., Dairy Marketing Services and Dean Foods Co. conspired to suppress competition and fix prices of raw milk in the Northeast. The appellants argued that the settlement was the result of collusion between class counsel and opposing counsel and that members of the class were coerced into participation. The Second Circuit disagreed, finding the appellants confused “counsel’s willingness to negotiate in good faith toward a settlement with collusion,” noting that the district court found no evidence of impropriety after a lengthy hearing into claims of misconduct. The court also…
President Donald Trump has indicated that he will attempt to renegotiate the North American Free Trade Agreement after making several negative comments about Canada's dairy pricing. The dispute centers on ultra-filtered milk, a product used in the production of cheese that U.S. dairy farmers previously sold to Canadian companies. After Canadian dairy farmers in Ontario dropped their prices low enough to compete with U.S. farmers, many Canadian cheesemakers canceled contracts with their U.S. suppliers to pursue the Ontario farmers' supply. Trump tweeted, “We will not stand for this,” and later announced that he will attempt to renegotiate the trade agreement with Canada. See USA Today, April 25, 2017; Washington Post, April 27, 2017. Issue 632
