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At long last, the FDA revealed its proposed decision about whether plant-based milks can be called milk.

• FDA’s draft guidance.
• The Federal Register notice
• For comment, post here 

As the FDA puts it:

This draft guidance, when finalized, will represent the current thinking of the Food and Drug Administration (FDA or we) on this topic. It does not establish any rights for any person and is not binding on FDA or the public. You can use an alternative approach if it satisfies the requirements of the applicable statutes and regulations.

What this is about

Simple.  The dairy industry does not like concoctions made from soy, almonds, cashews, macadamias, oats, peas, or other such plants to get to be called “milk.”  It argues that they are not as nutritious as milk and will confuse consumers into thinking they are the same.  Most surveys show that the public understands the difference quite well and has reasons for choosing plant-based alternatives that may or may not have anything to do with nutrient contents (think: animal welfare, dairy fat, environmental protection, industrial production, or what have you).

This puts the FDA in the awkward position of trying to please the public and the dairy industry at the same time.  Its solution to this dilemma is to invoke nutritionism (the use of nutrients to stand for the whole food):

• Plant-based milks can use the word “milk” (the dairy industry doesn’t like this)
• But they have to say which nutrients they don’t have as much of (producers of plant-based milks don’t like this).

What this will look like

The FDA says this is a voluntary, non-binding recommendation.

In case that’s too small to see:

Really, people who buy plant-based dairy alternatives are not at nutritional risk and don’t need to be told about single nutrients in products that have a great many.  This is an out-and-out caving in to the dairy industry’s fears that plant-based alternatives will further cut into milk sales at a time when milk sales are declining.

It puts plant-based milk manufacturers at risk of lawsuits if they use Milk without confessing nutritional weaknesses (for an excellent discussion of this liklihood, see Elaine Watson’s account in AgFunderNews.  She quotes lawyer Rebecca Cross:

the draft guidance, “is actually quite shocking, as it treats plant-based milks unlike any other food product.  If finalized, the guidance should not survive a First Amendment challenge.”

She added: “Although the recommended nutrient statements are not mandatory—or finalized—the draft guidance here may, unfortunately, result in frivolous class actions [plaintiffs would claim brands are misleading reasonable consumers if they choose not to make the nutrient statements recommended in the guidance]. The FDA should recognize this as well, but it seems they have unfortunately succumbed to dairy industry pressure.

So it seems.

My opinion, for whatever it’s worth: The FDA should permit plant-based milks to be called milks.  They are what they are and most people should have no trouble telling the difference between them and dairy milk.

For the record, I like dairy products.  But the dairy industry is a mess (overproduced, increasingly consolidated, fighting public health and animal welfare concerns) and needs to get its act together.  The FDA is not helping it get there with this decision.

I learned about this from a newsletter I subscribe to, Dairy Reporter (this is why I subscribe).

Consumers can now taste a new cannabis-infused ice creams made by Boston’s Emack & Bolio’s in collaboration with cannabis operator MariMed.

The ice creams are vegan, no less.

Two vegan flavors – Cup O’ Coffee Chip and Chocolate Sunny Days – have already debuted, and a dairy line is arriving ‘in two weeks’, DairyReporter understands…“Our R&D team pays close attention to consumer trends and food categories that make sense to consider infusing with cannabis,”​ a MariMed spokesman said. “Ice cream has seen enormous growth, particularly craft ice cream.”

They are sold only in Massachusetts for now.​

“MariMed was looking to partner up with an ice cream company to develop products using their full spectrum cannabis oil and CBD,”​ Emack & Bolio’s founder Robert Rook told DairyReporter. “We both wanted great tasting product, with clean ingredients infused with the best full-spectrum cannabis oil.

Yum?

I tried to find ingredient lists for these products, but all I could find was a press release.

I wrote and asked for them.

Stay tuned.​

I was interested to see this article in Hoard’s Dairyman: Bringing dairy research to thought leaders.

It explains how food trade associations build relationships with nutrition scientists.

The article discusses the role of the  National Dairy Council (NDC) , in getting research on the benefits of dairy products “into the hands of our science-based colleagues around the country and even globally.”

This is why NDC circles various conferences and meetings on our calendar where we present dairy research and continue establishing relationships with credible third-party organizations.

One of the most important groups is the American Society for Nutrition (ASN)…ASN is the world’s largest nutrition science organization with about 7,000 members from more than 100 countries representing the academic, government, and private business sectors. Many ASN members embody the next generation of scientists and it’s critical we get to know each other.

The article goes on to explain how the NDC:

• Worked to ensure that the latest dairy science was part of this year’s ASN agenda.
• Led a symposium on dairy’s components and cardiovascular health and diabetes.
• Presented on dairy’s unique nutrient package
• Holds leadership positions within ASN.

But:

ASN is just one stop for NDC. We’ll also be involved with conferences hosted by other key organizations, such as the Mayo Clinic, Institute of Food Technologists, International Dairy Federation’s World Dairy Summit, Institute for the Advancement of Food and Nutrition Sciences, and others.

I am a member of ASN and have long been concerned about its too cozy relationships with food companies and their trade associations.  I eat dairy foods and think they have a reasonable place in healthy diets, but they are not essential to human health.  Research debates on dairy products continue, and the close involvement of the NDC in a nutrition professional association compromises the independence of that association.

When I complained about the inherent conflicts of interest in such relationships, ASN officials explained that they want the association to be inclusive, a “big tent.”

Inclusivity is nice, but in this case the benefit goes more to the NDC than to the ASN.

Hoard’s Dairyman is not something I usually see, so I thank Lynn Ripley for sending.

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Coming soon!  My memoir, October 4.

For 30% off, go to www.ucpress.edu/9780520384156.  Use code 21W2240 at checkout.

Two readers, Cory Brooks and Yme Dolmans, sent me this gem.

They learned about it from a story in The Guardian: “Jarlsberg cheese may help stave off osteoporosis, small study suggests.”

The Guardian picked this up from the BMJ, which published the study and sent out a press release: “Small daily portion of Jarlsberg cheese may help to stave off bone thinning.”

A small (57 g) daily portion of Jarlsberg cheese may help to stave off bone thinning (osteopenia/osteoporosis) without boosting harmful low density cholesterol, suggest the results of a small comparative clinical trial, published in the open access journal BMJ Nutrition Prevention & Health.

The effects seem to be specific to this type of cheese, the findings indicate.

Jarlsberg is a mild and semi-soft, nutty flavoured cheese made from cow’s milk, with regular holes. It originates from Jarlsberg in eastern Norway.

Eat Jarlsberg cheese and prevent osteoporosis?  A miracle!

As with any other study claiming that a single food produces health miracles, my first question: Who paid for this?

The paper:  Effect on bone anabolic markers of daily cheese intake with and without vitamin K₂: a randomised clinical trial.  

Conclusion.  The effect of daily Jarlsberg intake on increased s-osteocalcin level is not a general cheese effect. Jarlsberg contain vitamin K₂ and DHNA which increases PINP, tOC, cOC and R_O and decreases Ca⁺⁺, Mg⁺⁺ and HbA1c. These effects reflect increased bone anabolism and a possible reduced risk of adverse metabolic outcomes.

Funding:  Norwegian Research Council; project number 310059, TINE SA, and Meddoc Research Unit funded this project.

Contributors: TINE SA provided Jarlsberg and Camembert cheese, along with financial support, but did not play any role in the design, implementation, analysis, interpretation or manuscript writing.

Comment:  This study is the result of a private-public partnership between the Norwegian government and its dairy industry.  The Norwegian Research Council provides research funding for industry: “We promote competitiveness and growth in Norwegian trade and industry by providing financial support and advice for research and innovation projects.”

As for TINE SA, it  “is Norway’s largest producer, distributor and exporter of dairy products with 11,400 members (owners) and 9,000 cooperative farms.”

This situation is analogous to USDA’s Agricultural Marketing Service’s research partnerships with food trade associations; these also produce studies with results that the press loves to extol and funders can use for marketing.

The purpose of this study is to support a Norwegian industry by promoting sales of Jarlsberg.

Is it likely that eating a couple of ounces of Jarlsberg would have much of an effect on osteoporosis?

The operative word here is “may.”   This could also mean “may not.”

The bottom line:  If you like Jarlsberg cheese, enjoy!

The Immigrant Council has issued this report.  It’s a useful introduction to the role of immigrants in animal agriculture and issues related to the entire system.

The Key Findings:

• Even before the pandemic, the meat and dairy industries struggled to hire enough workers: The current national labor shortage has worsened the problem, and it’s causing meat and dairy prices to rise between 4.5 and 7.0 percent.
• These price increases are due in part to higher wages employers must offer to attract workers: From 2019 to 2022, the median wage for meat and dairy industry workers* increased 33.7 percent. from $14.95 to $20.00 per hour. This far outpaces U.S. median wage which increased from $20.11 to $21.51 per hour, or 7.4 percent during the same period.
• Transportation plays a vital role in the production and pricing of meat and dairy products: Since the start of the pandemic, advertised wages for meat and dairy truck drivers have increased nearly 40 percent due to high demand3. Already, one in four of the industries’ truck drivers are immigrants.
• Foreign-born workers are essential to America’s food supply: As many workers —both U.S.- and foreign-born —reach retirement age and leave the workforce, the meat and dairy industries will be increasingly hard-pressed to find enough workers. While meat and dairy employers rely on the H-2A and H-2B visa programs to fill jobs with temporary foreign workers, these visa programs are seasonal and do not meet the needs of what are non-seasonal industries.

The report is full of nicely illustrated facts and figures.

Lots of interesting material here.  It’s worth a look.

I’ve long been mystified by why the Chinese government promotes milk consumption so strongly and why Chinese grocery stores, like this one I saw in Beijing, devote so much space to selling dairy foods, when they can’t comfortably digest the lactose in milk.

Asian and many other populations stop making the enzyme that digests lactose sugar a few years after early childhood and become intolerant to that sugar.  So why continue to consume dairy products?

Nature has a new article shedding some light on the question of whether lactose tolerance is inducible.  Do people who eat dairy products develop tolerance?  Or is it just that people who can eat dairy do eat dairy?

• Dairying, diseases and the evolution of lactase persistence in Europe:  Here we provide detailed distributions of milk exploitation across Europe over the past 9,000 years using around 7,000 pottery fat residues from more than 550 archaeological sites. European milk use was widespread from the Neolithic period onwards but varied spatially and temporally in intensity…In the UK Biobank cohort of 500,000 contemporary Europeans, LP [lactose persistence] genotype was only weakly associated with milk consumption and did not show consistent associations with improved fitness or health indicators.

The authors propose:

• Lactose intolerant people drank milk when it became available.
• Under conditions of famine or exposure to diarrhea-inducing pathogens, consuming lactose made the diarrhea worse.
• This acted as a selection pressure for continuing production of the lactase enzyme.
• But population fluctuations, settlement density and wild animal exploitation are better explanations for the persistence of the enzyme than the extent of milk usage.

An editorial expands on these ideas.

• The mystery of early milk consumption in Europe:  The authors propose instead two alternative evolutionary avenues to explain the rise in prevalence of alleles for LP, related to [1] shortages of food or [2] the consequences of increased exposure to disease-causing agents (in relation to animals, crops or from living in close proximity to others without proper sanitation). In either situation, or in a combination of both scenarios, an individual’s ability to diversify their diet away from crops and meat, which might be affected by shortages, and to take advantage of the hydration and calories afforded by dairy products, could be extremely beneficial.

Or you can listen to a podcast:

• How humans adapted to digest lactose — after thousands of years of milk drinking:  Humans have been drinking milk for thousands of years, but it seems that they were doing so long before the ability to digest it became prevalent. Then, around 2,000 years ago, this ability became common in Europe, presenting a mystery to researchers — why then? Now, by analysing health data, ancient DNA and fats residues from thousands of ancient pots, scientists have worked out what caused this trait to suddenly spread throughout Europe.

And take a look at a Nature article from 2019:

• Early Europeans bottle-fed babies with animal milk: Writing in Nature, Dunne et al. describe an analysis of spouted vessels found in ancient graves of infants in Germany that indicates that these artefacts contained animal milk. This evidence suggests that such vessels were used to feed animal milk to children, providing crucial insight into the diet of developing infants in prehistoric human populations.

The dairy industry says a little lactose is harmless to people who are lactose intolerant, and milk’s nutritional benefits outweigh its risks.  Early Europeans—and today’s Chinese—must think so too.

And sorry, but I can’t resist:

Q.  Why do cows have hooves?

A.  Because they lactose.

Here are three announcements I received this week.

I.  Pringles shoots for spider history.  The Kidney Garden Spider bears an uncanny resemblance to the Pringles logo – sparking a mission to get the arachnid community to officially recognise it as the Pringles Spider…. Read more

II.  Milk cows listening to music are more relaxed.  Musical enrichment of the environment was done using recorded-tape of flute and sitar was played in yamen raga at 40-60 (dB) decibel intensity.   [Thanks to Stephan van Vliet for this one].

III.  Dating for diet followers: The Filteroff dating app is hosting an online speed dating event for followers of the Paleo and Keto diets.  You can learn more about the speed dating event (and sign up if single) here.  [Thanks to Michelle Miller of Filteroff for the emailed invitation].

Lorraine Lewandrowski, a dairy farmer and lawyer who works with small dairies in Herkimer County, NY, is a frequent correspondent.  I am always happy to hear from her because I learn a lot from her and respect her knowledge about small dairies and passion for doing something to help them.  With her permission, here is what she wrote me.

Is there really any hope for the region’s dairy farmers for the future?  It seems that each day we read of NYC officials condemning us and the food we produce, fresh milk, yogurt, soft cheeses, hard cheeses as “ruining the planet” and “bad for health.”  With Mayor Adams having literally  called for a shut down of NY’s dairy farms when he was Brooklyn Borough President, and now calls for VEGAN food as “saving the planet,” why should many of us even go on?

I am working with farmers who are considering suicide, young farmers who tried to farm, but are now locked into a lifetime of debt to pay off the failed farm, and this now….the steady stream of hate directed at us emanating from the city.  Speakers who talk  only “plant based” while trashing all animal ag without any nuance.

Should I just plain tell the people who struggle to live up here on the millions of acres of Upstate grasslands to forget it. Sell it out and go work somewhere.  Or, if you are working a second job to support the farmland taxes as so many do, just sell the land for sprawl or move to another state as several farmers I know have done.

Is it even worth it to try when I don’t see even one urban group standing up for the regional dairy farms?  I’m a lawyer for scores of farmers and hearing the same message from all of them. Why go on?  Personally, I will NEVER work to organize trailers of free milk into NYC again.  Our reward for trying to feed people was a resounding slap in the face from the City and those urban food groups who I had thought supported us upstate.

Lorraine sent the same message to Nevin Cohen, Director of the CUNY Urban Food Policy Institute at the CUNY School of Public Health.  His response to her is also worth reading (also reproduced with permission):

Thanks so much for writing about the challenges facing dairy farmers in NYS. As the descendent of a Catskill dairy farmer – my grandfather owned a small dairy farm in White Lake, NY, and my dad milked cows until he left home for the Army – I empathize with the struggles of today’s dairy farmers.

New York’s farmers, and other farmers throughout the region, have tried to remain profitable in the face of competition from agribusiness, insufficient transportation, processing, and distribution infrastructure, and federal policies that have essentially subsidized large producers. This is particularly true for dairy, a sector that is facing overproduction nationally, consolidation by large corporations operating massive feedlots, and outdated federal policies like the Federal Milk Marketing Order not providing support for small dairies. I understand the enormous financial and emotional strain this places on farmers, and why so many choose to sell their land.

In my opinion, though, the battle is with big ag and USDA, not vegans. Corporate power and an inadequate federal response, combined with development pressures within the region, are far more to blame for falling profits and the pressure farmers face to sell their land than movements to encourage people to eat more fruits and vegetables. Eric Adams’ rhetoric about veganism may appeal to some (though likely an even smaller number since he was “caught” enjoying a fish dinner the other week), but it isn’t the most important factor driving the drop in US milk consumption or over-production by the massive CAFOs out west. A recent USDA study, for example, found that the growth in nut and soy “milks” over the past decades has been much smaller than the decrease in milk consumption. The perceived health halo around non-milk beverages may drive some consumers but other factors, including competition from beverage manufacturers and demographic changes, are at play.

Dairy farmers in the Catskill provide enormous benefits to New York City and the region, not the least of which is protecting our unfiltered drinking water supply from development and providing high quality fresh, local food. We clearly need to focus more on policies to make dairy farming profitable and to make the point that regenerative agriculture with livestock and produce is healthy and resilient. I would be interested in your thoughts about Sen. Gillibrand’s legislation to require changes to the federal milk marketing order, or whether you have other ideas for policy change. The CUNY Urban Food Policy Institute has monthly forums to address important issues like this. We would be interested in hosting a panel to raise awareness of the obstacles farmers face and identify policies that NYC groups can advocate for.

Lorraine Lewandrowski’s response to Nevin Cohen:

In 1939, it was possible to organize upstate dairy farmers to fight the big-3 milk companies that had a stranglehold on the NYC milk market. Today the battle is in Washington and also against multinational companies like Danone, which just last summer terminated its contracts with organic dairy farmers throughout the NY region…Today, Mayor Adams, talks veganism.

In his Daily News Op Ed two years ago, he called for a shut down of our state’s dairy farms, citing a farmer in CA who plowed up the pastures to plant almond groves.  He urged us to “go plant based.”   Over time, I have come to recoil from the word, “VEGAN.”  Vegans have called my office telling my secretary that my throat should be slit.  At the last in-person conference that a group of us farmers attended, vegans defaced and trashed our table, leaving photos of almond milk plastered on our handouts.  It’s even acceptable for leadership to simply call for death to our farms.  A new member of the NYS Senate Agriculture Committee, Jabari Brisport, led a rally in the City calling for Death to Dairy.  No one says a word and he gets a coveted spot on the Senate Ag Committee.

Senator Hinchey tried to talk “equity” to Mayor Adams last week concerning the watershed farmers, but I don’t think he grasped what she was saying when he said he would direct his departments to look at purchasing more “healthy” food from Upstate.  Is one person the arbiter now?

Lastly, Nevin, as to your question on Senator Gillibrand.  For years, farmers have asked for hearings on the milk price formula, but it never happened.  We are at the point where you can drive for miles up here and see nothing but emptied out farms, a bleak landscape.   There will likely be a new look at the formula. Secretary Vilsack has stated that the farm groups need to come up with a unified proposal.  The small scale farms of the Northeast generally feel that the proposal will be crafted for the larger farms of other regions, as we see now with environmental incentives (digesters for the big guys).  But, we are doing our best to input.

My comment on this exchange:

I too am concerned about the plight of upstate New York dairy farmers (and small dairies in general) and about Danone’s abandonment of them.  But when it comes to vegans, I’m with Nevin Cohen: “the battle is with big ag and USDA, not vegans.”

Vegan and vegetarian diets are healthy and I’m all for them if that’s what people want to do.  Personally, I like and eat dairy foods and think they have a place in healthy diets.  I also think small dairies have a place in healthy environments and that it’s the government’s role to make sure they survive in the face of Big Dairy and its discontents.

No question, dairying can be done in ways that are better for cows and better for the environment.  That’s where we need to focus—on policies that will allow farmers to use better practices and to make a living doing so.

I thank Lorraine and Nevin for raising these issues.  I hope this conversation stimulates serious thinking about how policies can best promote healthful diets and protect the environment.