April 18, 2023

The Vegetarian Resource Group (VRG) welcomes the opportunity to comment on Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry. We appreciate FDA’s overall commitment to improving dietary patterns in the United States to help reduce the burden of nutrition-related chronic diseases and advance health equity.

We agree that common or usual terms for plant-based milk alternatives frequently use the word “milk.” Thus, we agree with FDA’s recommendations that “milk,” “beverage,” or “drink” can be used on the label of a plant-based milk alternative along with the plant source(s) of the product. This is in accord with consumer usage and clearly describes the product. Results of a survey we commissioned in 2020 suggest that the majority of U.S. adults surveyed (92%) recognized that soy milk and dairy milk were different (1). This supports our view that use of “milk” to describe a plant-based milk will not be confusing to consumers.

We agree that for plant-based milk alternatives that are blends of two or more plant-sources, the name should accurately convey that several plant sources were used in the product. Other terminology such as “imitation milk” would be confusing to consumers who have come to expect that products labeled as soy milk, almond milk, etc. will be beverages that can be used in ways similar to dairy milk. We appreciate the clarity that including the plant source(s) in a product provides, as opposed to simply labeling a product as “dairy-free,” “non-dairy,” or “plant-based.”

We also agree that sweetened varieties of plant-based milk alternatives should be labeled similar to sweetened or flavored dairy milks by including the gram amount and percent Daily Value of Added Sugars on the Nutrition Facts label.

We note that plant milks that have a similar nutritional composition to soy milk have been and continue to be developed. For example, pea protein-based milks (2) and milks based on a blend of plant proteins (3) may meet the requirements for inclusion in the WIC program and Child Nutrition Programs. These products could potentially be included in the 2025 Dietary Guidelines as a part of the Dairy Group.

We are hopeful that guidance will be provided to industry for labeling products that are produced through the use of genetic engineering and that contain dairy protein or are similar to dairy protein in structure. Clear labeling is needed to help protect people with food allergies who may be misled by product labels containing statements not clearly informing consumers that the products are based on animal DNA. Examples of this type of misleading label statement include “animal-free” or “vegan.” We propose that food allergen information on these products should be in readable type and on a readable background, not only in the ingredient listing but also along with any other declarations on the labels which may be confusing to the consumer related to the presence of the allergen. These could be when terms are used such as “animal-free” or “vegan.” We do not think that these terms (“animal-free” or “vegan”) should be used on labels of foods that were produced through genetic engineering based on the DNA of animals (whether based on actual DNA, cell lines, or virtual DNA), due to concern for consumer confusion. Additionally, when a product is based on animal DNA, there should be a statement on the label so people know that the product is based on animal DNA.

We are concerned with the recommendation that plant-based milk alternatives bear an additional nutrient statement on the product label describing how it is nutritionally different from dairy milk. This recommendation seems overly burdensome to manufacturers, has not been shown to improve consumer understanding, relies on a single food to evaluate the adequacy of another product, and does not take into consideration the total diet.

Plant-based milk alternatives, as do all other products, have a Nutrition Facts label that compares important nutrients to the Daily Value. This allows consumers to assess the nutritional quality of a product. It seems unnecessary to include an additional comparison. Manufacturers are not encouraged to include statements such as “contains a lower amount of fiber than plant-based burgers” on a package of ground beef patties or “contains a lower amount of iron than soy milk” on a carton of dairy milk. We do not think it is necessary nor appropriate to recommend that plant-based milk alternatives include an additional statement on their package comparing them to dairy milk.

Although the stated concern that prompt the recommendation to include an additional nutrient statement on plant milk packages is underconsumption of certain nutrients otherwise provided by dairy milk, the effect of the inclusion of this statement does not appear to have been rigorously tested. Will consumers understand it? Will it result in a change of behavior? With 90 percent of the U.S. population not meeting recommendations for the Dairy Group (4), many cultures not drinking milk, and more than half of purchasers of plant milk purchasing it because it is better for the environment (5), a package statement that a plant milk product contains less of a nutrient than dairy milk seems unlikely to result in behavioral change.

Additionally, the recommended statement does not provide consumers with any alternatives other than using dairy milk to obtain any nutrients deemed to be low in plant milk. This does not provide guidance for the consumers who need an alternative to dairy milk due to allergies, intolerances, cultural traditions, religion, following a vegan diet, or other reasons.

We suggest that a more positive approach be used. This would need to be tested to determine if statements are understandable to consumers and if they affect behavior. For example, a package which is below a specified percentage of the Daily Value for a nutrient of concern could say “Not a good/significant source of [nutrient]. Use other foods to supply [nutrient].”

VRG is an independent non-profit organization dedicated to educating the public on vegetarianism and the interrelated issues of health, nutrition, environment, ethics, and world hunger. Our health professionals, activists, and educators work with businesses and individuals to bring about healthy changes in schools, workplaces, and the community. Registered dietitians and physicians aid in the development of nutrition-related publications and answer questions about the vegetarian and vegan diet. For the past 29 years, we have commissioned polls exploring vegetarian-related issues, results of which are often used by researchers, the food industry, and the media. Financial support comes primarily from memberships, contributions, and book sales.

Thank you for the opportunity to comment on the proposed changes.

References

1. Vegetarian Resource Group. What do American adults expect from a beverage labeled soymilk? Questions asked by The Vegetarian Resource Group in a national poll. https://www.vrg.org/blog/2020/10/30/what-do-american-adults-expect-from-a-beverage-labeled-soymilk-questions-asked-by-the-vegetarian-resource-group-in-a-national-poll/. 2020.
2. Nutrition hotline. Vegetarian Journal. 2018, issue 4. https://www.vrg.org/journal/vj2018issue4/2018_issue4_nutrition_hotline.php.
3. Original Silk Protein. https://silk.com/plant-based-products/plant-based-protein-beverages/original-protein/.
4. U.S. Department of Agriculture & U.S. Department of Health & Human Services. Dietary Guidelines for Americans, 2020–2025, 9th ed; December 2020.
5. Consumer Reports. Plant-based milk survey. https://advocacy.consumerreports.org/wp-content/uploads/2019/02/2018-Plant-Based-Milk-Survey_-Public-Report-1.pdf. 2018.