A bipartisan group of US senators has reintroduced the ‘Dairy Pride’ Act, aiming to ban the use of dairy names on plant-based dairy alternative products.

The ‘Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake of Dairy Everyday (Dairy Pride) Act’ seeks to crack down on what it says is ‘the unfair practice of mislabelling non-dairy products.’

The bill has been introduced by senators Jim Risch (Republican) and Tammy Baldwin (Democrat), with a group of additional co-sponsors of the legislation including senators Susan Collins and Peter Welch.

It is also backed by a number of organisations across the US dairy industry, including the National Milk Producers Federation and the American Farm Bureau Federation.

The bill states that the use of names for standardised dairy products should only be used if the food ‘contains a primary ingredient, or is derived from, the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more hooed mammals’.

Currently in the US, plant-based dairy alternative producers are able to use such terms – like ‘cheese’ and ‘yogurt’ – however, the Food and Drug Administration (FDA) recommends that emphasis should be placed on the plant source. For example, ‘cashew cheese’ or similar, in the context of a cashew-based dairy-free cheese spread. This guidance, published earlier this year, does not require companies to adhere by law.

Senator Risch commented: “Dairy comes from cows, goats, and sheep – not almonds. Plant-based products’ misleading branding is a disservice to consumers and the dairy farmers who dedicate their lives to making the nutritious dairy products Idahoans enjoy.”

“The Dairy Pride Act requires the FDA to enforce accurate definitions for dairy terminology, end deceptive labeling and advocate for the farmers who feed us.”

If voted into law, the FDA would be required to issue guidance for nationwide enforcement of the changes to plant-based dairy labelling within 90 days. It would also be required to report its efforts to Congress two years following the bill’s enactment.

The Plant Based Foods Association's director of policy, Marjorie Mulhall, said that the legislation is "unnecessary, burdensome and unlikely to withstand constitutional scrutiny".

She commented: "The Dairy Pride Act is designed to pick winners and losers in an already uneven market, stifle innovation and limit the ability of consumers to make informed choices that align with their interests...Consumers of plant-based foods are not confused. They know exactly what they are buying and are choosing plant-based alternatives for a variety of reasons: food allergies, ethical concerns, taste and more."

"The plant-based dairy market has grown significantly over the past decade, an industry category that has skyrocketed due to consumer demand for food products that fit their dietary needs and values. As an example, 30-50 million Americans are lactose intolerant and many of these consumers rely on plant-based dairy products to access the nutrition they need."