Milk label changes may mean Boulder Sun loses FDA’s OK
Colorado plant-based food companies say their businesses could be affected by potential changes in Food and Drug Administration enforcement of labeling regulations.
FDA Commissioner Scott Gottlieb said the agency plans to look more closely at enforcement standards for milk labeling, which he first mentioned July 17 at the Politico Pro Summit that hosted conversations with policymakers from the federal government and agencies.
If the FDA decides to amp up enforcement on milk labels, which state that milk is the “lacteal secretion” which comes from milking a cow, that could hurt Jordan Marinovich’s startup. Marinovich, along with Destiny Swinney and Jamie Rouselle, started Boulder Sun LLC last September. The company uses sunflower seeds to make milk through a process that’s similar to how nut milk is made. So far, it’s the only kernel-based sunflower seed milk on the market, according to Marinovich.
Like other plant-based milks, the Boulder company’s “Sun Milk” wouldn’t make the cut for the FDA’s definition.
But if you ask the National Milk Producers Federation, “it’s about darn time that the FDA does what it’s supposed to do.”
Chris Galen, senior vice president of communications for the federation, said the competition from “imitation products” isn’t the problem, but that competition means there should be rules that need to be followed.
“The reason why these companies really desperately want to continue using the term ‘milk’ is because it comes with a strong nutritional connotation to it,” Galen said. Some consumers may assume that the drinks, placed next to each other in grocery aisles, would have similar nutritional value, Galen said, using the metaphor of Coke versus Pepsi products.
But the nutritional value of nut milks can vary greatly from product to product, and even more so from cow milk.
Galen also said that if the FDA were to change enforcement standards, the impact would not be that great on companies that
are already selling products abroad without the label of milk.
Other countries, such as Canada, also define milk as coming from a cow.
“The only difference is that the U.S. hasn’t been enforcing these regulations,” Galen said.
Katie Hermann, co-owner of Longmont Dairy Farm Inc., also is supportive of the move and said she agrees with the “more traditional” definition of milk.
But Hermann also said she supports plant-based drinks, some of which her business carries, even if she doesn’t think the label “milk” fits them.
“I believe in transparency in labeling, so consumers trust what they are buying,” she said in an emailed statement. The use of the word “milk” can affect how products are perceived, she said, and mislead consumers about a product’s nutritional value. “This FDA decision will help eliminate that confusion and lead to more accurate nutritional choices.”
But, she added, “at the end of the day, I’m not going to lose sleep if they’re still called milk.” «FROM 14A