Skip to comments.Dairy Farmer Sues FDA for the Right to Label His Skim Milk as “Skim Milk”
Posted on 04/12/2018 1:42:32 PM PDT by Red Badger
If we had an actual, physical folder of evidence that the food labeling system in the United States is broken, it'd be full to bursting. And we'd be adding "skim milk????" to the list right about now.
Maryland dairy farmers Randy and Karen Sowers are, with the help of the Institute for Justice (a non-profit libertarian-leaning law firm), suing the Food and Drug Administration for essentially doubling down on a very silly law.
The gist: South Mountain Creamery, the dairy producer owned by the Sowerses, want to sell milk without the addition of any synthetic chemicals. To do this, they would be forced to label their milk as imitation milk, which they view as both incorrect and unfair.
At the center of this debate is skim milk, which is milk from which all but trace amounts of milkfat have been removed. Skim milk is usually created by spinning milk in a centrifuge, which separates the milkfat from the liquid. But that milkfat also contains some valuable vitamins, most importantly vitamins A and D, and removing so much of it means that skim milk naturally contains very small amounts of those vitamins. This is not true of, say, one and two percent milkthose milks still contain some of that valuable milkfat.
The FDAs goal with these regulations is to ensure that skim milk has the same nutrients as its fuller-fat counterparts. To encourage that, the organization mandates that any milk labeled skim milk must have those vitamins added back.
Where this gets weird is that South Mountain Creamery, which wishes to sell milk that has had its fat skimmed out but hasnt had those vitamins added back inan objectively less messed-with product, albeit less healthful onecannot label its milk as skim milk. Instead, to convey that it does not have the same nutritional profile as other milks, the FDA requires that it have some additional label, something like imitation skim milk product.
The FDA is creating confusion where there was none whatsoever. People know what skim milk means, but they have no idea what imitation milk product means. Pure, all-natural skim milk is not an imitation of anything, said Justin Pearson, a lawyer with the Institute of Justice, in a press release. The Sowers family and the Institute of Justice are suing the FDA on free speech grounds, stating that the government attempting to change the definitions of common words and restrict their use.
Whats interesting here is that the FDAs commitment to promoting ostensibly more nutritious milk is totally reasonable. But in that effort, should the FDA be allowed to force rigid, maybe even nonsensical definitions on farmers? And is there even a way to ensure that the consumer understands that most skim milk has a certain nutritional makeup, while milk like South Mountain Creamerys may not?
Its worth noting that this is not the first time this particular argument has been brought to court. The Institute for Justice was behind another, very similar lawsuit, one that was conducted in Florida back in 2016. That suit was successful, with the judge ruling that the government could not be permitted to force a dairy to lieand that saying this type of no-nutrient-added skim milk is imitation is a lie.
Try to buy raw milk.
Another out-of-control, bureaucratic DC agency.
its made a hash of its labeling law requirements, as this article points out.
For example, if you raise bees, and put 100% all natural bee honey in a jar, FDA demands it have nutritional info.
As part of this upcoming rule, if a serving size of honey is, say, 20 grams, you have to declare under their required “added sugars” category: 20 grams. People think your honey therefore has added sugar. The FDA has allowed no way out of this either
THAT is STUPID!.....................
It is Crimethink to question Newspeak.
the chocolate ration was increased to 20 grams....................
Yeah, they should instead outlaw skim milk and stick to full-fat grass fed dairy, problem solved.
How about “Natural Skim Milk”?
The answer is simple - skim milk has the fat removed. Fortified Skim Milk is Skim milk with the nutrients added.
The FDA just doesn’t want to fix a prior mistake.
Just like dairymen around here sued to be able to label bovine growth hormone free milk as such. I mean a person is completely within their rights to consider such a distinction nuts, but no way should any government entity be able to say you CAN’T label anything in any manner that is accurate.
and then there’s this...
I would suggest:
The FDA doesn’t have a definition for ‘skimmed’ milk...........
I don't drink a lot of milk, but I don't understand how people drink the skim stuff. But I wouldn't outlaw it.
“Whats interesting here is that the FDAs commitment to promoting ostensibly more nutritious milk is totally reasonable.”
Fingers Crossed - Praying for the right outcome for this farm family!
The other skim milks should be labeled “enriched skim milk” since nutrients have been added.
I suggested ‘SKIMMED’ Milk for the natrual product...............................
I love skim milk. To me, it’s more refreshing. Milk with fat in it tastes heavy and too rich, and not at all refreshing. But that’s just me. And I’m certainly no health nut. I eat all kinds of things the government says are bad for me.
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