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Dairy Farmer Sues FDA for the Right to Label His Skim Milk as “Skim Milk”
modernfarmer.com ^ | April 10, 2018 | By Dan Nosowitz

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 milk—those milks still contain some of that valuable milkfat.

The FDA’s 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 it’s fat skimmed out but hasn’t had those vitamins added back in—an objectively less messed-with product, albeit less healthful one—cannot 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.

What’s interesting here is that the FDA’s 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 Creamery’s may not?

It’s 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 lie—and that saying this type of no-nutrient-added skim milk is “imitation” is a lie.


TOPICS: Business/Economy; Government; US: Maryland; US: Wisconsin
KEYWORDS: cow; dairy; farm; fda; food; government; milk
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1 posted on 04/12/2018 1:42:32 PM PDT by Red Badger
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To: Red Badger
Government always knows best. That is why they called for low fat foods. Low fat foods taste like cardboard, so they added high fructose corn syrup. And obesity, diabetes and heart disease skyrocketed.

Try to buy raw milk.

2 posted on 04/12/2018 1:49:48 PM PDT by FatherofFive (Islam is EVIL and needs to be eradicated)
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To: Red Badger

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


3 posted on 04/12/2018 1:51:54 PM PDT by PGR88
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To: PGR88

THAT is STUPID!.....................


4 posted on 04/12/2018 1:54:22 PM PDT by Red Badger (Remember all the great work Obama did for the black community?.............. Me neither.)
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To: Diana in Wisconsin

Ping!......................


5 posted on 04/12/2018 1:58:55 PM PDT by Red Badger (Remember all the great work Obama did for the black community?.............. Me neither.)
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To: Red Badger

It is Crimethink to question Newspeak.


6 posted on 04/12/2018 2:01:20 PM PDT by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill.)
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To: WayneS

the chocolate ration was increased to 20 grams....................


7 posted on 04/12/2018 2:03:21 PM PDT by Red Badger (Remember all the great work Obama did for the black community?.............. Me neither.)
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To: FatherofFive

Yeah, they should instead outlaw skim milk and stick to full-fat grass fed dairy, problem solved.


8 posted on 04/12/2018 2:04:34 PM PDT by GnuThere
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To: Red Badger

How about “Natural Skim Milk”?


9 posted on 04/12/2018 2:06:32 PM PDT by Petrosius
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To: Red Badger
He won't have standing. As a manufacture of imitation products, he is no longer a dairy farmer.


10 posted on 04/12/2018 2:10:20 PM PDT by DannyTN
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To: Red Badger

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.


11 posted on 04/12/2018 2:13:37 PM PDT by reed13k
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To: Red Badger

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...
https://me.me/i/every-taco-is-hand-rolled-with-exotic-mexican-spices-by-16434693


12 posted on 04/12/2018 2:14:33 PM PDT by RedStateRocker (Nuke Mecca, deport all illegals, abolish the DEA, IRS and ATF.)
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To: Petrosius

I would suggest:

SKIMMED MILK

The FDA doesn’t have a definition for ‘skimmed’ milk...........


13 posted on 04/12/2018 2:17:10 PM PDT by Red Badger (Remember all the great work Obama did for the black community?.............. Me neither.)
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To: GnuThere
Yeah, they should instead outlaw skim milk and stick to full-fat grass fed dairy, problem solved.

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.

14 posted on 04/12/2018 2:19:55 PM PDT by FatherofFive (Islam is EVIL and needs to be eradicated)
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To: Red Badger

“What’s interesting here is that the FDA’s commitment to promoting ostensibly more nutritious milk is totally reasonable.”


The government track record about food recommendations has been atrocious. So it’s NEVER reasonable to have it dictate what is nutritious and what is not.


15 posted on 04/12/2018 2:25:05 PM PDT by miniTAX (au)
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To: Red Badger

Fingers Crossed - Praying for the right outcome for this farm family!


16 posted on 04/12/2018 2:29:19 PM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set.)
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To: Red Badger

The other skim milks should be labeled “enriched skim milk” since nutrients have been added.


17 posted on 04/12/2018 2:30:31 PM PDT by piasa (Attitude adjustments offered here free of charge)
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To: All

18 posted on 04/12/2018 2:31:25 PM PDT by Diana in Wisconsin (I don't have 'Hobbies.' I'm developing a robust Post-Apocalyptic skill set.)
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To: piasa

I suggested ‘SKIMMED’ Milk for the natrual product...............................


19 posted on 04/12/2018 2:31:56 PM PDT by Red Badger (Remember all the great work Obama did for the black community?.............. Me neither.)
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To: FatherofFive

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.


20 posted on 04/12/2018 2:32:27 PM PDT by Flaming Conservative ((Pray without ceasing))
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