Andrew Zhang is a third year law student at Harvard Law School and a guest contributor to this blog.
Americans are drinking a lot less milk. Despite production reaching an all-time high of 26.4 billion gallons in 2023, per capita milk consumption in the U.S. is down 47% from 1975. And, while consumption of dairy milk dropped by 4% between 2022 and 2023, consumption of non-dairy milk rose by 5%.
Still, milk is clearly on Congress’s mind this session, with several milk and dairy-centered bills churning their way through D.C. This begs the question: if milk consumption is hitting record lows, then what’s with all the dairy bills?
In reality, dairy has long been an area with heavy federal activity. This might be unsurprising, especially given the significant role dairy has traditionally played in the farm bill. On top of that, the dairy industry is widely considered to be a sophisticated and influential lobbying group, having spent millions of dollars over the past century advocating for programs favorable to their interests.
In other words, the dairy industry is no stranger to policy battles on the congressional floor. A survey of the dairy bills currently before Congress offers a glimpse into some of the ways that old policy debates are getting recontested in 2025.
One important front takes place in the school cafeteria. In 2010, President Obama signed into law the Healthy, Hunger-Free Kids Act, which sought to improve the nutritional quality of school meals and reduce child obesity, among other goals. This policy shift pushed whole and 2% milk off of school lunch menus in favor of skim and low-fat milk. This move has lasted over a decade: since 2012, only fat-free and low-fat milk can be served in schools that participate in the National School Lunch Program (NSLP). However, recent developments in D.C. hint at whole milk making a return. The Whole Milk for Healthy Kids Act, introduced by U.S. Senators Roger Marshall (R-KS), Peter Welch (D-VT), Dave McCormick (R-PA), and John Fetterman (D-PA) as well as U.S. Representatives G.T. Thompson (R-PA) and Kim Schrier (D-WA), would allow schools to once again serve whole and 2% milk.
Another familiar dispute that may be returning to the spotlight is the debate over the proper labeling of alternative dairy products. While the American public has largely embraced the use of “milk” to describe plant-based milk alternatives, the dairy industry—unsurprisingly—has not. For years, the dairy industry has fought to restrict the ability of plant-based milk alternatives to use the term “milk” on labels. In 2023, the FDA announced a temporary solution recommending, but not requiring, plant-based milk alternatives to include a statement conveying how the product compares with ‘real’ milk. A recent bill—the Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake of Dairy Everyday Act (DAIRY PRIDE Act)—calls on the FDA to crack down on non-dairy products with “milk,” “yogurt,” and “cheese” labeling (even when research suggests that such labels do not mislead consumers). Introduced by U.S. Senators Tammy Baldwin (D-WI), Jim Risch (R-ID), Susan Collins (R-ME), and Peter Welch (D-VT), the DAIRY PRIDE Act is a notably bipartisan measure, though it has failed to cross the finish line in previous Congresses.
These are only two areas where dairy may prove to be a significant issue for Congress to resolve. And given Health Secretary Robert F. Kennedy, Jr. promise to expand the role of dairy in U.S. dietary guidelines, it is possible that Congress’ attention towards dairy will grow even stronger moving forward.
The views and opinions expressed on the FBLE Blog are those of the authors and do not necessarily reflect the official policy or position of FBLE. While we review posts for accuracy, we cannot guarantee the reliability and completeness of any legal analysis presented; posts on this Blog do not constitute legal advice. If you discover an error, please reach out to contact@farmbilllaw.org.
