A new bipartisan bill introduced in the U.S. Senate is seeking to tighten enforcement around the labeling of plant-based products marketed with dairy terms. The Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act, known as the DAIRY PRIDE Act, was introduced on February 28, 2023, and aims to ensure that products labeled as milk, cheese, or yogurt meet federal definitions for dairy.
The bill—backed by Senators Tammy Baldwin (D-WI), Jim Risch (R-ID), Susan Collins (R-ME), and Peter Welch (D-VT), among others—has been referred to the Senate Committee on Health, Education, Labor, and Pensions. If passed, it would require the U.S. Food and Drug Administration (FDA) to enforce existing definitions that limit the use of dairy terms to products derived from the “lacteal secretion” of hooved mammals.
Background and Legislative Intent
The DAIRY PRIDE Act responds to growing concerns from dairy producers and industry advocates about consumer confusion caused by the widespread use of terms like “milk” and “cheese” on plant-based alternatives. According to the 2020–2025 Dietary Guidelines for Americans, dairy products are critical sources of nutrients such as calcium, vitamin D, and potassium—nutrients many Americans do not consume in adequate amounts.
Congressional findings cited in the bill highlight that:
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Roughly 90% of Americans do not meet the recommended daily intake for dairy.
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Many plant-based beverages labeled as “milk” offer significantly less protein and are not consistently fortified with essential nutrients.
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Misuse of dairy terms could mislead consumers into thinking plant-based alternatives offer the same nutritional benefits as traditional dairy products.
The FDA already has standards of identity in place for dairy products. For example, under 21 CFR 131.110, “milk” is defined as the lacteal secretion from one or more healthy cows. These definitions are also applied to other dairy products, such as cheese and yogurt. However, enforcement has been inconsistent.
Key Provisions of the DAIRY PRIDE Act
The proposed legislation would amend the Federal Food, Drug, and Cosmetic Act to prohibit the sale of products labeled with dairy terms unless they meet specific compositional standards. Key components include:
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Clear definitions: Products must contain or be derived from the milk of hooved mammals to use terms like milk, cheese, or yogurt.
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FDA enforcement: The Secretary of Health and Human Services, through the FDA Commissioner, must issue draft guidance within 90 days and final guidance within 180 days of the Act’s passage.
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Reporting requirements: The FDA must report to Congress within two years on enforcement actions taken, including any penalties or warnings issued to companies mislabeling products.
Any guidance inconsistent with the new labeling standards would be invalidated upon enactment of the Act.
Industry Response
The DAIRY PRIDE Act has been welcomed by organizations such as Edge Dairy Farmer Cooperative, one of the largest dairy cooperatives in the country. The cooperative voiced support for stricter labeling rules, emphasizing that accurate labeling protects consumers and upholds the integrity of dairy products.
“Preventing the misuse of dairy product names protects and enhances the confidence consumers have in the authenticity of the nutritious dairy products they buy,” said Edge President and dairy farmer Heidi Fischer. “We encourage timely action on this bill to prevent further misleading product names on our grocery store coolers and shelves.”
What’s Next?
The bill’s introduction marks another step in the long-running debate over how plant-based products are marketed in the U.S. With bipartisan support and growing attention to consumer labeling standards, the DAIRY PRIDE Act could shape future regulatory enforcement and influence how dairy alternatives are presented to the public.
If passed, the Act would not ban the sale of plant-based beverages or products but would require them to use terminology that does not misrepresent their nutritional content or source. The goal, lawmakers say, is to ensure transparency and uphold long-standing definitions in food labeling for the benefit of consumers and dairy producers alike.
