Urges FDA to prohibit labeling of non-dairy products as milk.

AR134

ASSEMBLY RESOLUTION No. 134

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 4, 2026

Sponsored by:

Assemblywoman� DAWN FANTASIA

District 24 (Morris, Sussex and Warren)

SYNOPSIS

���� Urges FDA to prohibit labeling of non-dairy products
as milk.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Assembly
Resolution

opposing the use of the
term �milk� as a label for non-dairy products.

Whereas,

According to the Dietary Guidelines for Americans (Dietary Guidelines),
published jointly by the United States Department of Health and Human Services
and the United States Department of Agriculture, dairy is an important part of
a healthy diet for both children and adults because of the many benefits dairy
products offer, including reducing the risk of diabetes, metabolic syndrome,
cardiovascular disease, and obesity, and providing an excellent source of
vitamin D, calcium, and potassium; and

Whereas,

The Dietary Guidelines indicate that, despite the numerous health benefits of
dairy, fewer Americans are meeting the daily recommended intake, contributing
to a 40 percent drop in milk prices since 2014 that has devastated dairy
farmers across the nation; and

Whereas,

As dairy consumption declines, plant-based imitation dairy products have become
more popular, and, despite the frequent use of labels such as �milk,� these
imitation products do not offer the same nutritional value as dairy - a fact
many consumers are unaware of; and

Whereas,

The United States Food and Drug Administration (FDA) has defined �milk� as the
�lacteal secretion, practically free from colostrum, obtained by the complete
milking of one or more healthy cows,� rendering any use of the term that does
not conform to this definition inaccurate, misleading, and potentially illegal;
and

Whereas,

In addition, the long-held and commonly understood and accepted meaning of the
word �milk� is that it is a liquid dairy product from a lactating cow, goat,
sheep, or other domesticated mammal; and

Whereas,

Use of the term �milk� by a manufacturer to describe a product that does not
conform to the definition established by the FDA or to the long-held and
commonly understood and accepted meaning of the word is deceptive to consumers
and perpetuates the false belief that imitation �milk� provides the same health
benefits as real milk, thereby denying consumers the nutrition they expect from
the consumption of milk; and

Whereas,

Given the increasing popularity of plant-based milk-substitutes and the
frequency with which these products are mislabeled as �milk,� coupled with the
detrimental effects this mislabeling has on dairy farmers and on the health of
American consumers, it is imperative that the FDA enforce the definition of
milk as prescribed in the Code of Federal Regulations; now, therefore,

����
Be It
Resolved
by the General Assembly of the State
of New Jersey:

���� 1.��� This House opposes the
use of the term �milk� as a label for non-dairy products and respectfully urges
the United States Food and Drug Administration to investigate and take
appropriate action against any manufacturer found to be offering for sale
non-dairy products with the label �milk.�

���� 2.��� Copies of this
resolution, as filed with the Secretary of State, shall be transmitted by the
Clerk of the General Assembly to the Commissioner of the United States Food and
Drug Administration and to every member of Congress elected from the State of
New Jersey.

STATEMENT

���� This resolution opposes the
use of the term �milk� as a label for non-dairy products and respectfully urges
the United States Food and Drug Administration (FDA) to investigate and take
appropriate action against any manufacturer found to be offering for sale
non-dairy products with the label �milk.�

���� �Milk� is currently defined by
the FDA in one of its regulations as the �lacteal secretion, practically free
from colostrum, obtained by the complete milking of one or more healthy cows�
(21 C.F.R. 131.110). In addition, the long-held and commonly understood and
accepted meaning of the word �milk� is that it is a liquid dairy product from a
lactating cow, goat, sheep, or other domesticated mammal.� Use of the term
�milk� to describe plant-based imitation dairy products is inaccurate,
misleading to consumers, and harmful to dairy farmers.