Dairy

This is an example of a voluntary structure/function claim which describes the effect that an individual nutrient or substance has on the normal structure and function of the body, for example, “calcium builds strong bones” or “fiber maintains bowel regularity.” The key aspect of a structure/function claim is that it relates to the normal function of the human body, which is different from a health claim that deals specifically with diseases and the disease-reducing or disease-preventing qualities of a product. These types of claims do not require preapproval from FDA. If a producer wants to make a structure/function claim they must include the following disclaimer: “This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”

As of 2016, FDA has not approved the use of phrases like “good source of,” “rich in,” or “high in” for the Omega-3 acids DHA, APA, and ALA because there is no FDA-established nutrient level to which those claims refer. This likely means that claims like “good source of Omega-3s” are also prohibited. However, labels may make statements about the precise quantity of Omega-3s like “contains 1g of Omega-3” as long as that statement is true and not misleading. In 2019, FDA released enforcement guidance that indicates it will not object to labels claiming EPA and DHA Omega-3 consumption can decrease the risk of hypertension and coronary heart disease. See this FDA guidance document for more information.

Note that claims about fat and cholesterol are more specifically regulated.

• Reduced fat: Foods with this claim must have at least 25 percent less fat than reference foods.
• Low fat: Foods with this claim must have 3g of fat or less per serving.
• Fat free or skim: Products that have less than 0.5g of fat per serving can be labeled with this claim.
• “Cholesterol-free” foods must have less than 2g of cholesterol per serving.
• Foods that are labeled with “low cholesterol” or similar claims must have less than 20g of cholesterol per serving.

For more information on legal requirements about relative claims, see FDA regulations about nutrient content claims.

Dairy grading is administered by USDA. “U.S. Grade Standards for Dairy are voluntary and aid in the marketing of milk and dairy products by providing a common language of trade through the development, improvement, and interpretation of standards, specifications and quality improvement programs.” Grades vary based on the type of product. For example, the grade AA only applies to butter, but both butter and cheeses can receive A or B grades. You can find more information on USDA Grade-based marketing here, and details on product-specific grades here.

FDA also writes and updates the Grade “A” Pasteurized Milk Ordinance (PMO), which is draft legislation adopted by the states. The PMO sets baseline standards, but the states may set higher standards when they adopt the PMO. The PMO sets out specific sanitation and safety requirements for dairy producers, processors, and distributors. Any dairy product that is not under USDA jurisdiction may use the term “Grade A” on its packaging, if the producer has been licensed under its state’s PMO authority (usually a department of agriculture) and meets the PMO requirements. Non-Grade A products may still be sold under limited situations and must be approved by FDA to ensure safety. Dairy products that fall under the PMO (like fluid milk, cottage cheese, and goat’s milk) may only be labeled “Grade A,” and terms like “Grade AA,” “Select Grade,” and “Special Grade” are prohibited because it misleadingly implies that they are higher quality than Grade A. Products that are under USDA jurisdiction (like butter, cheese, and dry whey) may use different terminology. In short, the fluid milk you buy at a grocery store is almost always Grade A.

FDA has not defined this term. Because there is no legal definition of this term, it can mean what the producer suggests it does, so long as the claim is not misleading. However, the USDA has established definitions for “grass-fed” meat, which may be used as reference to understand grass-fed dairy. But, it is important to note that FDA does not enforce USDA definitions.

According to USDA, the grass diet must come solely from forage (grass, forbs, browse, or cereal crops still in their vegetative state). Other acceptable feed sources include hay, haylage, baleage, silage, and crop residue without grain. “100% grass-fed” claims may only be used on products derived from cattle that were fed grass from the time that they were weaned off of their mother’s milk. The animals must have continuous access to pasture during the growing season until slaughter. A product is not 100 percent grass fed if animals have less than 100 percent access to grass or forage. The term “grass-fed” may still be used even if the cow was not fed 100 percent grass if the package specifically states an alternative circumstance (e.g., “made from cows fed 90% grass and 10% corn”). Third-party certifiers, such as the American Grassfed Association, may impose their own specific standards identical to or above those of USDA.

FDA does not define these terms for dairy products. Humane standards are decided by individual producers or third-party certifiers.

According to the FDA, “a lactose-free product should not contain any lactose, and a lactose-reduced product should be one with a meaningful reduction.” However, the FDA has not established specific measurements for “meaningful reductions,” so “a lactose-reduced product may still contain lactose that could cause symptoms.”

This claim has not been specifically defined by USDA or FDA. However, in its own documents, USDA has used the term “non-grain feed” to mean feed concentrates that are not grains, but instead feed concentrates like peas, beans, or corn. And, like all label claims, whichever term is used cannot be false or misleading. So, this term likely means that the animal has not been fed grains.

Non-dairy foods may be made from animal proteins and contain milk products. When foods labeled non-dairy contain a caseinate ingredient (milk protein), the caseinate ingredient must be followed by a statement identifying its source. One example given in FDA regulations is, “if the manufacturer uses the term ‘non-dairy’ on a creamer that contains sodium caseinate, it shall include a parenthetical term such as ‘a milk derivative’ after the listing of sodium caseinate in the ingredient list.” See FDA regulations for more information.

Pasteurized

Every particle of the product has been heated in properly operated equipment to a specific temperature for a specific amount of time. The higher the temperature, the less time that temperature must be maintained to reach pasteurization. The table showing time and temperature requirements can be found in FDA regulations. Any milk sold across state lines must be pasteurized or ultra-pasteurized.

Ultra-Pasteurized

This claim means that the dairy product has been thermally processed at or above 280℉ (138℃) for at least 2 seconds, either before or after packaging, to produce a product which has an extended shelf life under refrigerated conditions. More information can be found in FDA regulations.

This claim is not defined by FDA. Because there is no legal definition of this term, it can mean what the producer suggests it does, so long as the claim is not misleading. Under USDA’s definitions, to use this claim a producer must show that the animal has continuous free access to the outdoors for the animal’s usual grow-out period. For ruminants like dairy cows, this means the entire grazing season for the geographical area. However, it is important to note that FDA does not enforce USDA definitions.

Raw dairy products are those that have not been pasteurized. At the federal level, FDA bans the interstate sale or distribution of raw milk. FDA considers cheeses made with raw milk safe if they have been aged for 60 or more days at 35℉ (2.6℃). The aging process and salt content are thought to limit the growth of pathogens.

States may adopt their own laws on raw milk for milk sold in their state. As of April 2016, the sale of raw milk in stores is legal in 13 states. 17 states only permit raw milk sales on farms; 8 of the states that prohibit sales allow acquisition of raw milk only through “cow-share” agreements; and in 20 other states all sales of raw milk are prohibited. Click here for an overview of your state’s raw milk laws.

rbGH stands for recombinant bovine growth hormone and rbST for recombinant bovine somatotropin. Both are genetically engineered variations of a naturally occurring hormone and are administered to cows to increase milk production. FDA approved use of this hormone in 1993 and does not require the labeling of its use. FDA recommends that producers provide additional information when a label says rbST free, since bST is naturally occurring in milk.

Relative nutrient claims, like “low,” “free,” “high,” “light,” and “reduced,” are used to differentiate a product from similar products based on its nutrient content. “Free” and “low” claims, like “fat-free” or “low sodium,” imply that the marketed food is different from competitors’ versions of the same food. So, “only foods that have been specially processed, altered, formulated, or reformulated” to meet the stated nutrient claim may use these terms. Labels using relative claims must state which food is being used for comparison and the specific measured difference between the two foods, such as “50 percent less fat than (reference food).”

For labels that compare that food to the nutrient levels in a different food (including claims like “less,” “fewer,” and “more”), the food must actually meet those label claims when compared to a reference food in the same category. For example, comparing potato chips to pretzels, or comparing mozzarella cheese to cheddar cheese.

For “light,” “reduced,” “added,” “extra,” “plus,” “fortified,” and “enriched” claims, the marketed food must be compared to the same food. So, “reduced sodium” potato chips would need to be specifically made to have less sodium than similar potato chips; “light” cream cheese would be compared to regular cream cheese.

FDA regulations list specific minimum amounts for added Vitamin A and Vitamin D. For added Vitamin A claims, each quart of the food must contain at least 2000 International Units of the vitamin and be “within limits of good manufacturing practice.” For added Vitamin D claims, each quart of the food must contain 400 International Units of the vitamin and “within limits of good manufacturing practice.”