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Regulatory Issues

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Doctors Group Files Complaint Over ‘Wood Milk’ Ad

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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USDA to Provide Aid to Organic Dairy Producers for Marketing

The U.S. Department of Agriculture will provide assistance for dairy producers with the new Organic Dairy Marketing Assistance Program. ODMAP is established to help mitigate market volatility, higher input and transportation costs, and unstable feed supply and prices that have created unique hardships in the organic dairy industry. Specifically, under the ODMAP, USDA’s Farm Service Agency is making $104 million available to organic dairy operations to assist with projected marketing costs in 2023, calculated using their marketing costs in 2022.

“Organic dairy producers have faced significant and unique increases in their marketing costs, compounded by increases in feed and transportation costs and the limited availability of organic grain and forage commodities,” said FSA Administrator Zach Ducheneaux. “Without assistance, many organic dairies, particularly small organic dairies, will cease production, which not only impacts the domestic supply and consumption of organic milk but also the well-being of many rural communities across the country. This program will keep our small organic dairies in operation as they continue to weather a combination of challenges outside of their control.”

FSA will begin accepting applications for ODMAP on May 24. Eligible producers include certified organic dairy operations that produce milk from cows, goats and sheep.

Adam Warthesen, co-chair of the Organic Trade Association’s Organic Feedstuffs Relief Task Force, and senior director of government and industry affairs for Organic Valley said: “With unprecedented organic feed costs and inflationary pressures over the last couple of years, resources like ODMAP are really going to matter as farmers plan for the rest of this year.”

Britt Lundgren, senior director of sustainability and government affairs at Stonyfield, said: “The costs facing organic dairy today are uncommon and putting serious strain on operations. USDA is right to step in and offer support, and this is a good first step. The alternative is we lose family farmers. We look forward to working with USDA to cover more of the actual costs organic dairies are facing.”

Lia Sieler, executive director of Western Organic Dairy Producers Alliance, said: “We welcome the monetary resources allocated to dairy farmess through ODMAP with much anticipation. Input costs have been at an unprecedented high with no foreseeable changes and farmers are struggling to keep up with these high costs at their current pay price for the specialty products they produce. Farmers are struggling to continue producing a quality, safe and nutritious product with the current costs of doing business. We thank USDA with the help of many members of Congress for stepping in, hearing our voices and working diligently to get money pushed out as quick as possible to help alleviate some of this pain. Our work is not done, but this is a major win for our industry in a time of such uncertainty.”

Chris Adamo, vice president of public affairs and regenerative agriculture policy with Danone North America, said: “Recent increases to cost of feed and overall inputs have significantly impacted organic dairy farms, and on behalf of Horizon Organic, we are grateful for USDA’s thoughtful work and strong support for the farms that supply our customers’ milk.”

How ODMAP Works

FSA is providing financial assistance for a producer’s projected marketing cost in 2023 based on their 2022 costs. ODMAP provides a one-time cost-share payment based on marketing costs on pounds of organic milk marketed in the 2022 calendar year.

ODMAP provides financial assistance that will immediately support certified organic dairy operations during 2023 keeping organic dairy operations sustainable until markets return to more normal conditions.

How to Apply

FSA is accepting applications from May 24 to July 24. To apply, producers should contact FSA at their local USDA Service Center. To complete the ODMAP application, producers must certify to pounds of 2022 milk production, show documentation of their organic certification, and submit a completed application form.

Organic dairy operations are required to provide their USDA certification of organic status confirming operation as an organic dairy in 2023 and 2022 along with the certification of 2022 milk production in hundredweight.

ODMAP complements other assistance available to dairy producers, including Dairy Margin Coverage and Supplemental DMC, with more than $300 million in benefits paid for the 2023 program year to date.  Learn more on the FSA Dairy Programs webpage

More Information

To learn more about USDA programs, producers can contact their local USDA Service Center. Producers can also prepare maps for acreage reporting as well as manage farm loans and other programs by logging into their farmers.gov account. If you don’t have an account, sign up today.

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Niman Ranch Calls Prop 12 Ruling ‘Watershed Moment for Animal Welfare’

Chipotle Young Farmers Initiative full rights photography

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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