In April, the USDA’s Agricultural Marketing Service approved an ad that features “The White Lotus” actress Aubrey Plaza mocking plant milk. But the now-viral “Wood Milk” ads violate laws forbidding federal agricultural promotions from depicting products in a negative light, according to a complaint filed with the USDA Office of Inspector General by the Physicians Committee for Responsible Medicine, a nonprofit public health advocacy organization.
Using a fictitious product named “Wood Milk” as a stand-in for plant-based milks, the ads deride plant-based milks.in
The “Wood Milk” campaign violates the statutory prohibition against advertising that is “false or misleading or disparaging to another agricultural commodity” and the regulatory prohibition against “unfair or deceptive acts or practices with respect to the quality, value or use of any competing product,” the Physician Committee’s complaint says.
It also violates a federal law that says USDA milk advertising dollars can’t be used to influence legislation or government action or policy. On Feb. 23, the FDA announced new proposed guidelines that would allow plant-based milks to be labeled using the word “milk.” The agency invited the public to submit comments by April 24, before final guidelines would be established. The “Wood Milk” ad campaign was launched before that comment period closed. On May 1, the comment period was extended to July 31. The “Wood Milk” campaign has run continuously since then.
The USDA’s Agricultural Marketing Service administers the federal commodity promotion and research programs, commonly referred to as “checkoff” programs. The USDA approves all “checkoff” advertising and is responsible for reviewing and verifying all nutritional claims.
The Physician Committee’s complaint requests that the Office of Inspector General issue a recommendation that the “Wood Milk” ads stop and that the milk “checkoff” issue corrective advertising that explains the benefits of plant-based milks.
“The ‘checkoff’ is a government program,” said Physicians Committee President Neal Barnard, MD, FACC, adjunct professor of medicine at George Washington University School of Medicine. “It is one thing for it to promote cow’s milk. It is quite another thing to mock the products that many nonwhite Americans choose for health reasons.”
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Niman Ranch, the humane animal care leader, today released the following statement in response to the U.S. Supreme Court’s decision on Proposition 12.
“This is a truly watershed moment for animal welfare. Since day one, Niman Ranch has been one of the only companies to ban the use of crates for raising hogs and today our more than 500 independent family farmer partners proudly raise their pigs 100 percent crate free. We applaud the Supreme Court’s decision and this historic moment for humane animal care.”
– Chris Oliviero, General Manager, Niman Ranch
California’s Proposition 12, passed in 2018, requires farmers to provide more space for egg-laying hens, breeding pigs and calves raised for veal including that these animals be able to stand up, lie down, turn around and extend their limbs. It would also ban the sale of products in the state that do not meet the new standards. On May 11, the U.S. Supreme Court upheld Proposition 12 as constitutional.
Niman Ranch is a network of independent family farmers and ranchers raising pork, beef and lamb humanely and sustainably, with no antibiotics or added hormones—ever. Niman Ranch is the largest farmer and rancher network in North America to be Certified Humane, an animal welfare certification considered rigorous and meaningful by the American Society for the Prevention of Cruelty to Animals. The company has always been 100 percent crate free and goes much further with animals raised outdoors or in deeply bedded pens, with no tail docking, teeth clipping or other standard industry practices.
Niman Ranch is the only pork company to submit an Amicus Brief to the Supreme Court in support of Proposition 12. Its products are available at values driven restaurants and grocers across the country. Customers include Shake Shack, Chipotle and ButcherBox.
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