Flavored Milk; Petition to Amend the Standard of Identity for Milk and 17 Additional Dairy Products
U.S. Dairy Industry Petitions FDA to Approve Aspartame as Hidden, Unlabeled Additive in Milk, Yogurt, Eggnog and CreamSection 130.10(d) allows the addition of safe and suitable ingredients to a food named by use of a nutrient content claim and a standardized term when these ingredients are used to, among other things, add sweetness to ensure that the modified food is not inferior in performance characteristic to the standardized food even if such ingredients are not specifically provided for by the relevant food standard. Therefore, while the milk standard of identity in § 131.110 only provides for the use of “nutritive sweetener” in an optional characterizing flavor, milk may contain a characterizing flavor that is sweetened with a non-nutritive sweetener if the food's label bears a nutrient content claim (e.g., “reduced calorie”) and the non-nutritive sweetener is used to add sweetness to the product so that it is not inferior in its sweetness property compared to its standardized counterpart.
However, IDFA and NMPF argue that nutrient content claims such as “reduced calorie” are not attractive to children, and maintain that consumers can more easily identify the overall nutritional value of milk products that are flavored with non-nutritive sweeteners if the labels do not include such claims. Further, the petitioners assert that consumers do not recognize milk—including flavored milk—as necessarily containing sugar. Accordingly, the petitioners state that milk flavored with non-nutritive sweeteners should be labeled as milk without further claims so that consumers can “more easily identify its overall nutritional value.”