The First Amendment and the right to call a product “milk”

The difference between cow’s milk and almond milk probably wasn’t a consideration when the Founders crafted the First Amendment, but a fight over “milk” that doesn’t come from mammals could be coming to a court shortly. On January 28, 2019, the Food & Drug Administration ended a public comment period asking consumers for their opinions about plant-based food products that use language usually attributed to dairy products. FDA Commissioner Scott Gottlieb said in the comment request last fall that the FDA wanted public opinions “as it examines its approach to the use of dairy food names like ‘milk,’ ‘cheese,’ or ‘yogurt’ in the labeling of plant-based foods and beverages.” “The FDA supports choice and innovation in the marketplace, and we recognize that some consumers may prefer to use plant-based products instead of dairy products for a variety of reasons, including an allergy or lifestyle…

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