School lunch money scare tactics are holding up PA whole milk bill

Cousins Grace and Bella are my youngest granddaughters, pictured here in 2020 obviously enjoying their milk — mustache and all. They both started kindergarten in 2021, where for the next 12 years, their meals at school will not allow their choice of whole milk or even 2% milk — unless state and/or federal lawmakers act. Children consume 2 meals a day, 5 days a week, 75% of the year at school where they are denied the simple choice, even a la carte. A saddening and maddening state of affairs.

As adults, we should be ashamed of ourselves

By Sherry Bunting, Farmshine, July 8, 2022

I guess it’s true, good dairy bills – for more than a decade now – continue to be introduced in the Pennsylvania legislature, only to pass in the House but then die in the Senate. We’ve seen it with the many bills over the years aimed at amending the Pennsylvania Milk Marketing Law, and now we are seeing it with the Whole Milk in Pennsylvania Schools Act.

HB 2397 was introduced by Representative John Lawrence, and it passed the State House almost unanimously (196 to 2) in April. It then passed the State Senate Agriculture Committee and was re-referred to the State Senate Appropriations Committee, where it sits today digesting the “scare tactics” of its opponents – causing some heartburn for lawmakers thinking USDA could withhold all free and reduced school lunch reimbursements in Pennsylvania.

USDA is the bully waving children’s lunch money like a mighty sword demanding submissive obedience, even suggesting in May that schools lacking appropriate LGBTQ+ policies for “gender affirming” use of locker rooms, rest rooms and sports participation could be denied their free and reduced school lunch reimbursements. USDA has since recanted this notion — saying they meant only to address discrimination associated with the provision of the food. That’s more like it. But that redirection of the Department’s prior statement did not happen until more than 20 states’ Governors and Attorneys General threatened to sue the Biden Administration for using the lunch money of economically disadvantaged children to implement federalized bathroom gender policies.

On whole milk in schools, similar scare tactics are being used to prevent the Pennsylvania state bill from being voted on in the Senate chamber.

Bow thee, oh Pennsylvanians, to King Vilsack and the Dietary Police.

Even a certain farm paper published in Lancaster County has made it their business to take every point of whole milk choice supporters, the evidence, the law, and tear it apart – piece by piece. A head-scratcher, for sure.

I have been digging into the original Richard B. Russell National School Lunch Act of 1946 and the subsequent amendments through the 2010 Healthy Hunger Free Kids Act (HHFKA), as well as various memos from USDA to state nutrition program directors when the ‘Smart Snacks’ rules were implemented to govern a la carte beverages in 2012. I have also read through Pennsylvania Department of Education audits of schools, which are all publicly available. I can find no tie between a state law offering a self-select choice of whole milk (paid for with state or local or parental funds) to students as grounds for withholding free and reduced school meal reimbursements from schools. In fact, quite the contrary. 

Even the individual schools that would choose to provide the choice of whole and/or 2% milk to students could not be threatened with loss of their free and reduced lunch subsidy — as long as the meal pattern for the ‘served’ lunch is met; however, more importantly, it is clear that the only audit feature tied specifically to this reimbursement is that the financial eligibility of the recipients is properly qualified.

Here’s the key: Even if a school is deemed out of compliance on meal pattern or does not have a strong enough ‘wellness policy’ on ‘competing foods’ — as would be the case if whole milk was offered as a choice, USDA does not have the authority to yank the free and reduced school meal subsidy on that basis. This authority is linked to eligibility, financial eligibility.

Research into the 2010 HHFKA shows that the loss of this reimbursement is directly tied to how the students/families are qualified as financially eligible. There are extensive details on this in the law, and the auditing schools go through, the paper trail for eligibility, is extensive. This is a separate audit section from the meal pattern performance.

In fact, in passing the 2010 Healthy Hunger Free Kids Act (HHFKA), the U.S. Congress clearly stated — separately — that schools can receive a 6-cents per eligible meal ‘performance increase’ as an incentive to meet the new HHFKA-prescribed meal patterns and in addressing competing foods and beverages in school wellness policies per USDA. This ‘bonus’ is tied to the Food and Nutrition Board of the Academy of Sciences, not the Dietary Guidelines. (A 2018 National Academy of Sciences review was highly critical of the Dietary Guidelines process.)

In setting a 6-cent performance increase per eligible meal in the 2010 HHFKA, Congress also capped the total to be spent for this meal-pattern incentive at $50 million annually nationwide. This is over and above the separate free and reduced meal reimbursement, itself, which dwarfs the performance bonus at $14 billion annually nationwide. 

These are separate portions of the 2010 HHFKA. In Section E of the law, Failure to Comply spells out precisely what is at risk if a school is not in meal pattern compliance — the 6 cents increase per eligible meal, not the reimbursement for qualified free and reduced meals.

As for the ‘Smart Snacks’ rules promulgated by USDA and implemented fully in 2012, which govern the a la carte beverages and snacks that can be “available” on school premises during school hours? It is important to note that USDA’s own memos to state directors in 2014 clarified that the Department will “provide exemptions for certain foods that are nutrient dense, even if they may not meet all of the specific nutrient requirements.”

Whole milk is a nutrient dense food.

However, in playing ‘dictator’ with our children’s health, USDA chose its exemptions and ignored the nutrient density of whole milk. What did they use as an example in a memo to schools? “Peanut butter and other nut butters are exempt from the total fat and saturated fat standards since these foods are also nutrient dense… and we want students to consume more of these foods,” a memo to state directors stated.

Perhaps Impossible Burger is another ‘exemption’ given its calories, fat and sodium far exceed USDA rules, but it was so-impossibly approved by USDA in May 2021 for actual federal meal reimbursement. Impossible Burger is not particularly nutrient dense – but real beef is, and real beef is greatly limited in school meal pattern compliance, along with the ban on whole milk.

Bottomline, the USDA under Secretary Vilsack in 2012 took aim at beverages. In 2018, while working for DMI as one of dairy checkoff’s highest paid executives serving as President and CEO of the U.S. Dairy Export Council, Tom Vilsack was cheered and awarded during the dairy checkoff founded and funded GENYOUth Gala that year for his “success” in “finally” addressing the beverage situation in schools. 

Those were the words of former President Bill Clinton, a vegan, who spoke at length during the Gala about the beverage problem in the obesity crisis and how his friend Tom is the person who finally “got it done.”

What did he get done? He booted out the whole milk and paved the path for all of PepsiCo’s artificially sweetened and partially artificially sweetened beverages in school cafeterias – the Gatorade Zero, Mountain Dew Kickstart, Diet Coolers, Diet Cola’s, flavored waters – with that blend of high fructose corn syrup and sucralose that keeps them under 60 calories (the USDA threshold for an a la carte beverage per the Smart Snacks rules) and of course fat free – but also nutrition free. (PepsiCo got the GENYOUth Gala award the following year)

Sadly, the U.S. Congress also let dairy farmers down in 2010 by including the reference to the Dietary Guidelines in the one and only sentence on school milk in the HHFKA. All other nutritional references for the meal pattern are linked to the Food and Nutrition Board of the Academy of Sciences. 

Here’s what the HHFKA states under Nutrition Requirements for Fluid Milk Section 9(a)(2)(A) is amended to say: “shall offer students a variety of fluid milk. Such milk shall be consistent with the most recent Dietary Guidelines for Americans.” 

Even that milk sentence is ‘loose,’ and open to interpretation. Is the DGA recommendation of consuming ‘less than 10% calories from saturated fat’ a per-food, per-beverage, or per-meal ordinance or a whole-day allotment? 

We are told over and over that the DGAs are recommendations. Somehow USDA didn’t get that memo and decided to use DGAs to bully milk choices of children.

Never mind how counterproductive this is for children. When removing satiating nutrient dense fat from whole nutrient dense foods, kids compensate and replace this with nutritionally empty carbohydrates. 

Such were the early warnings of school foodservice personnel I interviewed over a decade ago as they piloted the draconian rules  before they were implemented. 

Such is also among the recent findings of the Milky Way controlled study by Australian researchers involving two sets of children — one having their milkfat consumption increased and the other having their milkfat consumption decreased. 

Care to guess which group saw a reduction in Body Mass Index percentile? Or which group had higher blood sodium levels? Or what the differences were in other biomarkers related to cardiovascular and metabolic health? (An article about this study appeared in the May 20 edition of Farmshine. It was the group of children who increased milkfat consumption that saw decreased BMI percentile and it was the group of children who decreased milkfat consumption that saw increased blood sodium levels! All other biomarkers for health were the same between the two groups.)

There are so many tentacles behind the scenes of how this whole school meal and school milk thing really work, that it boggles the mind – so much so that vested interests can come in and scare well-intentioned state lawmakers into thinking if they dare pass this bill and make nutrient dense flavorful whole milk available to schoolchildren as a CHOICE, that somehow the economically disadvantaged children of the Commonwealth could go hungry because USDA will take their lunch money. School foodservice directors are undoubtedly scared as well because the free/reduced reimbursements are a huge part of their budgets.

I’ve got news for the opponents of this bill, the State Senate Appropriations Committee, the Governor and the USDA: Our children are already suffering from hunger pangs in math class, and the absence of nutrient density in their school meals – on your watch right now, today. Do you care? Do the opponents of the whole milk bill spewing their scare tactics care?

The federal prohibition of whole milk in schools is the tip of a mighty iceberg that is failing our children while paving the path to an even less healthful future for America and a less economically healthful status for Pennsylvania dairy farms, the backbone of our state’s ag economy into the future.

We just celebrated our nation’s Independence Day, and yet our children cannot choose whole milk at school — even if their locally elected school boards want to offer it and even if their parents pay for it.

No one supporting this bill believes USDA will reimburse the actual whole milk, itself. Supporters just want the choice to be fully recognized as legal so that as parents, grandparents, farmers, citizens we can get about the business of next finding a way to provide this nutrient dense, satiating, delicious option to the children in our communities who consume two meals a day, five days a week, three-quarters of the year at school.

The issue spills out from the schools into other foodservice meals. It is heartwrenching for this reporter to listen to adults involved in dairy checkoff boast to farmers about how they are getting whole milk and cream into McDonald’s coffee drinks, into foodservice hot chocolate, into all of these trendy adult venues – while our children get a tiny fat-free chocolate milk in their happy meal because this school edict spills over into foodservice chains being bullied to do the same outside of school ‘for the kids’.

As adults, we should be ashamed of ourselves and reflect on our pathetic disregard for our children.

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NY launches state bills to put whole milk option back in schools, joins PA in tackling federal prohibition

‘Let’s get this done’All urged to contact New York Governor and state legislators to ‘put whole milk back in schools’

By Sherry Bunting, Farmshine, May 6, 2022

SHARON SPRINGS, N.Y. — It was a rainy, dreary Monday (May 2), but dairy nutrition advocacy was bright and sunny in the feed room at Ridgedale Farm. The Conard family hosted a press conference supporting New York State legislation to bring whole and 2% milk back to schools.

Patterned after the Pennsylvania bill that has already passed the state House and is expected to be voted on in the Senate this month, the New York bill would support schools in their desire to offer more milk options, including whole and 2% milk produced on New York farms. The bill includes provisions for the Commissioner of Education to notify school superintendents about the flexibility as well as for the State Attorney General to file civil suits on behalf of schools if the federal government withholds other-than-milk funding.

While some media outlets continue to point to the superiority of federal regulations, there is a groundswell of state lawmakers saying “enough is enough” when it comes to the children and the farmers being victims of regs based on false narratives that push young people away from the very nutrition they need, and the very nutrients the Dietary Guidelines committee admitted their government-sanctioned dietary patterns are not providing.

The movement to have state legislatures get involved is not – as some would say – ‘political theater.’ No, this is the reality of where ‘we the people’ get a voice in the very sustenance of farms, food, and future generations. 

In Pennsylvania, it began with U.S. Congressman G.T. Thompson (Dist. 15) with H.R. 1861 as well as State Rep. John Lawrence (Dist. 13) with HB 2397. In New York State, it began with Congressman Antonio Delgado (Dist. 19) a prime cosponsor of H.R. 1861 and Assemblyman Chris Tague (Dist. 102) introducing A9990 with 25 cosponsors. Within a week of Tague’s bill, State Senator George Borrello (Dist. 57) sponsored S8999 with cosponsor Peter Oberacker (Dist. 51).

The New York legislation has been referred to each chamber’s Education Committee. Tague and Borrello are Ranking Members of each chamber’s Agriculture Committee.

Tague and Borrello were joined Monday by other supporting lawmakers, government officials, nutrition and education experts, dairy farmers, FFA members, school superintendents, town mayors, school principals, discussing why it is so important and urging a public groundswell to contact all NYS lawmakers and the Governor’s office in support.

“We are going to get whole milk back in schools. We’re dispelling the myths propagated by many over the years,” said Tague.

“I ask every one of you to spread the word — to your friends, to your family, to your neighbors, even your enemies. Ask them to join us. Call, email and text every single member of the New York State legislature. Tell them: ‘Put whole milk back in our schools!” he exclaimed.

“Then call Governor Hochul and tell Kathy we want whole milk back in our schools,” Tague explained that the bill must go through committee, then to the floor, then get voted on, and then it would go to the Governor.

“Government and misinformed people need to stop biting the hand that feeds them,” he added. “We cannot live without good nutritious foods. No farms, no food. How does a young person today make a go at it? Farmers are not only ‘price takers,’ they take everything else that comes at them. There’s never anybody that stands up for them. That ends today. We’re here to stand up for you.”

Senator Borrello reflected on the problem, which he said is “based on false narratives. A long time ago, they convinced us that taking skimmed milk and pouring it on high sugar, no fat, breakfast cereal was somehow a good breakfast choice for kids, and they’ve taken whole milk out of our schools. The result has been more waste, it ends up in the garbage. And what have we told our kids to do? It’s okay to have energy drinks and other things that just aren’t good for your health. We’ve also seen a dramatic rise in obesity rates.”

The data for these dietary patterns just is not there, said Borrello.

“Now we know that having fat in the diet is not only good for kids, it helps with their growth, and the kids that do drink whole milk actually end up with less obesity. The science had changed, but unfortunately, our government has not,” he said. “We should give the children the choice. But most importantly, we should recognize this is a good choice. That’s why this is an important bill. Most people don’t understand, that even whole milk is 97% fat free.”

Borrello observed these current dietary rules have further impact, that they are “the beginning of the push to take us away from products like milk, that want to push us toward things like almond beverage, which is not milk, and other things. That’s the real agenda here. Let’s understand that whole milk is nutritious. It feeds your brain. It feeds your body. It is probably one of the best, most nutritious drinks that you can have. But instead of serving that, they want to push these artificially created products onto our children and tell them that’s okay,” he said.

“We need to give them this (whole milk) choice because it is the right thing to do and because it is also good for agriculture, the most important and largest industry in New York State. People forget that. We are here today from all points of the state standing united to say this is the right time to bring back whole milk into our schools,” Borrello stressed.

Nutrition expert agreed

Toby Amidor, registered dietitian, nutrition expert, food safety consultant, instructor, speaker and author in New York City, drove out from Brooklyn to give her thoughts on the bill and whole milk misconceptions.

She confirmed the 2020-25 Dietary Guidelines for Americans “pinpoint three under-consumed nutrients that are found in milk, that people of all ages, including school age children, adolescent children, even toddlers, they don’t get enough of,” said Amidor.

“Those nutrients are calcium, vitamin D and potassium. Milk is a vehicle that you can get all of this nourishment into children in order to grow and thrive like we want them to. It’s an important thing to give them a choice. Choose (the milk) you want,” she explained.

Amidor was joined by various school system superintendents noting the key concern of student access to nutrition.

“School is where many children get their nourishment. So that’s where you want to give them these choices,” said Amidor. “It’s okay to have the fat in milk… it’s a nourishing drink, the fat increases the palatability of that nourishment – more power to it!”

School officials were blunt

“We have a large food service system and are highly focused on farm-to-school initiatives. Milk is one of those,” said Anita Murphy, Capitol Region Board of Cooperative Educational Services (BOCES) superintendent, representing 24 districts and 80,000 schoolchildren across four NYS counties.

“On a personal level, I don’t drink skim milk. If that’s the only thing there, I pass,” said Murphy. “I think that’s what happens with our children. If you walk into our cafeterias, what you will see is kids passing on milk. A lot of these kids eat two meals a day at school, and that’s it. That’s what they get, so if we don’t give them those things that they need and that they want that are good for them, we are making a mistake. We are willing to lend any support you need to get this done.”

Representing 22 school districts and more than 30,000 students, Dr. Gladys Kruse, Questar III BOCES district superintendent concurred. She thanked the lawmakers for their efforts.

“We need more children to drink milk to get the nutrition they need. We know some of our students get two of their meals a day at our schools. When we hear students throwing away their lunch or their milk, or we hear of farmers having to dump the milk they cannot sell, it is time to reevaluate and reconsider the options and the policies. This legislation is a welcome step in expanding the availability and consumption of milk locally and across the state,” said Dr. Kruse.

Thanking Tague for his leadership, Kruse stated the bill would “provide the flexibility to have more milk options available to our students. This includes whole milk and 2% milk produced here and across the state. From our first beverage as a child to a staple in our daily school lunches, milk is fuel of our young people’s growth and development.”

From the Berne-Knox-Westerlo Central School District, superintendent Dr. Tim Mundell talked about partnership and collaboration, calling the day’s event a great example of that.

“The passage of this bill would help us bring local whole milk to our students, viable nutrition and real value,” said Mundell noting the need for flexibility. “Students get two meals a day from us. Many of our students live in very isolated and rural areas and access to nutritional foods, like whole milk… for their health and well-being, it’s scarce, and it’s scary.”

“When we put kids at the center of all of our decisions and all of our advocacy, great things happen, and the decisions are easy. This (should be) a very easy decision,” he said.

Mundell also observed the losses in enrollments and economic opportunity throughout rural regions of the state. He said FFA leadership learning is so important, and when students are able to see agriculture economically thriving, it gets their minds thinking about life and options after high school.

“Passage of this bill will enhance the capacity of all rural areas in New York State to re-engage in economic development. We are on board for collaboration in making this economic activity happen,” he said.

From the dairy farmer perspective, Ray Dykeman of Dykeman and Sons, Fultonville admitted that farmers prefer being in the field or with the cows and doing the work producing nutritious food, but, he stressed that this advocacy is vital for the future.

“This bill is extremely important for the kids in school (and) for the dairy farmers in the area,” said Dykeman with appreciation to the Conard family and their “beautiful cows” as hosts.

He challenged people to compare whole milk’s label to most other beverage options, “if you can even pronounce half of the ingredients that were made in a laboratory. We were using milk products as many as 10,000 years ago. Why not trust the cow, probably one of the most perfect animals in the world?”

Dykeman also thanked the lawmakers for taking on this issue to bring whole milk back to schools at a time when dairy farms are challenged. “This legislation will support our hard working dairy farm family businesses and get more milk into New York schools. This is very encouraging. Agriculture is our number one industry, and milk is our number one commodity.”

Among the panel of speakers, the New York Farm Bureau and the Northeast Dairy Producers Association (NEDPA), based in Geneseo, were represented. Behind the scenes and joined by 30 other farmers in the Ridgedale feed room were grassroots whole milk promoters Duane Spaulding and Ann Diefendorf. They brought the 97 Milk messages and signage used prominently throughout the event.

In fact, Tague thanked the grassroots efforts of farmers, of 97 Milk, and even mentioned Milk Baleboard originator Nelson Troutman in his opening remarks.

For Farm Bureau, Todd Heyn noted their “long advocacy for the return of whole milk to schools, giving districts the ability to provide this healthy and nutritious dairy product to school kids.”

Heyn reported the bill would “provide additional markets for whole milk, a Class I dairy product that earns dairy farmers a higher price.” 

Heyn said this would support New York dairy farmers and raise awareness to find a workable solution at the national level, explaining that Farm Bureau is formally asking USDA to “follow the science around nutrition and revise the school nutrition guidelines for dairy products in the school lunch programs.”

The energy was really high by the time NEDPA executive director Tonya Van Slyke got to the podium. She talked about dairy farmers are part of a global economy but take pride in what they do locally… especially in schools.

While Tague and Borrello held the sign taken from images at 97milk.com touting all the benefits of whole milk, Van Slyke — a mother and dairy farmer — recalled walking intop the school cafeteria and being asked by the director: “’Dairy farmer, how did you let this happen? Why are they taking the healthy fat away from my babies?’ Nutrition helps them have good brain power.”

As she turned to Tague and thanked him and his colleagues, Van Slyke said: “Let’s get this done,” and the room erupted in echoes and applause.

Tague, a former dairy farmer himself, noted he had actually milked a famous cow in the very barn where the event was held Monday. He worked years ago for Wayne Conard and his father Willis. He made a direct appeal to the farmers, encouraging farmers everywhere to get into the game.

“We have a lot of work to do. This press conference today is just the beginning… the squeaky wheel gets the grease. Sometimes as farmers, we are too proud and too busy to let our voices be heard,” he said. “But folks, it ends today. We’ve got to get up and scream it. We’ve got to make them hear us that enough is enough. 

“Let’s leave here today with one thing in mind: Whole Milk back in our schools!”

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Dear Secretary Vilsack, please extend Dietary Guidelines public comment past May 16 and open saturated fat limits for course-correction review!

Screen capture from https://www.dietaryguidelines.gov/

‘Preponderance of evidence’ screams for a Dietary Guidelines course-correction to expand flexibility and increase, not reduce, saturated fat limits as well as to examine the nutrient deficiencies of currently approved dietary patterns in all life stages, and to examine the effects of these overly-prescriptive one-size-fits-all patterns on vulnerable populations in government feeding situations such as children obtaining most of their nourishment at school where DGAs rule.

Editorial opinion by Sherry Bunting, Farmshine, May 6, 2022

Recently, USDA and HHS launched the 2025-30 cycle of the Dietary Guidelines for Americans (DGA). Trouble is, the first and undeniably most important part of the process that will shape WHAT can be amended and the research-screening process for doing so are the “scientific questions” to be examined.

A paltry 30-day public comment period about these already-prepared questions was announced April 15 and expires May 16, 2022.

By the time you read this, there will be fewer than 10 days to comment. To read the USDA HHS proposed scientific questions, click here and to submit a comment to the docket, click here

In addition to the links above, comments can be mailed to Janet M. de Jesus, MS, RD, Office of Disease Prevention and Health Promotion (ODPHP) Office of the Assistant
Secretary for Health (OASH), HHS; 1101 Wootton Parkway, Suite 420; Rockville, MD 20852. Be sure to reference HHSOASH-2022-0005-0001 on the submission.

Lack of time to comment on the questions is not the only problem with the 2025-30 DGA launch. The commenting instructions state: “HHS and USDA will consider all public comments posted to Regulations.gov in relation to the specified criteria. Comments will be used to prioritize the scientific questions to be examined.”

These instructions do not leave much opening to amend the already-prepared scientific questions.

I encourage others to join me in requesting an extension of this comment period to 90 days and to open the process into a course-correcting complete re-evaluation of saturated fat limits — to drive home the point that the “preponderance of evidence” screams for higher, more flexible, saturated fat limits (especially for children), to review the science on saturated fat consumption at all life stages on not only cardiovascular health, but also weight management and diabetes, cognitive health, and other areas, including how current saturated fat limits affect under-consumption of essential nutrients, how these limits affect school meal patterns where most children receive most of their nourishment most of the year — considering the 2020-25 DGA Committee admitted the three government sanctioned dietary patterns are deficient in key nutrients of concern for all age groups.

Join me in asking USDA and HHS to educate the public about the true impact of the DGAs on our most vulnerable populations (children and the elderly) and to avoid prescriptive one-size-fits-all dietary patterns.

People don’t seem to pay much attention to the DGA process because there has been no full disclosure of the true impacts of these so-called “guidelines.” People say, oh, they’re “just guidelines.” Maybe that’s true for you and I, but what about the children? What about the elderly? They are under the ruthless thumb of USDA HHS DGA implementation in feeding programs for America’s most vulnerable ages and demographics.

The ink is barely dry on the 2020-25 DGAs, leaving many to believe there is plenty of time to comment on the next round — later — when the process is fully underway. After all, USDA reminds us this is a five-step process, and they are “committed” to providing plenty of opportunities to be heard.

Wrong. This first step is in many ways the most important for public comment because it shapes how the other four steps unfold. It shapes what research will be screened in and out of the process. It shapes what areas of the DGAs can be amended and specific criteria for how they can be amended — no matter how earthshaking a dietary revelation.

This first step also shapes how your future comments will be considered. For example, many comments, even research in the screening process, will be ignored as this 2025-30 DGA cycle unfolds when it is deemed to fall outside of the specific criteria set in the scientific questions of step-one — right now — for this 2025-30 cycle.

USDA and HHS have already formulated the 2025-30 “scientific questions,” leaving most of the failed guidelines ‘base’ pretty much moving forward — as-is.

One area the Departments announced will run parallel is on ‘planetary diets.’

The USDA HHS announcement notes that the 2025-30 DGAs won’t incorporate DIRECTLY any ‘climate-related’ dietary recommendations, stating: “Sustainability and the complex relationship between nutrition and climate change is an important, cross-cutting, high priority topic that also requires specific expertise. HHS and USDA will address this topic separate from the Committee’s process to inform work across the Departments.”

That’s about as clear as mud. In this statement, USDA seems to tie nutrition and climate change together with the term “cross-cutting,” and describes the “relationship” as a “high priority topic,” assuring us that USDA and HHS will handle this separately and then “inform.”

After looking through the scientific questions in the areas of systematic review and dietary patterns, below is my citizen’s comment: 

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Dear Secretary Vilsack:

To use the phrase you used repeatedly in a Congressional hearing about the 2015-20 Dietary Guidelines, the ‘preponderance of evidence’ on saturated fat limits for all ages — and for children and adolescents in particular — should be up for a complete re-evaluation in the 2025-30 DGAs.

Study after study show our government-sanctioned dietary patterns are failing our children who receive most of their nourishment at school under the thumb of USDA-HHS Dietary Guidelines. USDA even threatens to financially penalize any school that dares make nutritious, wholesome, satiating, healthful whole milk available — even for students to buy from a vending machine run by an FFA chapter seeking to raise funds for agriculture programs, simply because the calories and percent of calories from saturated fat in that nutrient-dense superior beverage exceed your arbitrary, unscientific DGA limit.

But that’s okay, say the HHS USDA DGA, just have a Mountain Dew Kickstart or a sugar-free Gatorade Zero. PepsiCo thanks you, dear USDA, for caring about the profitability of the Smart Snacks empire they and others have built on your say-so, while children become fatter, sicker and sadder and under-consume key nutrients for health and brain power.

Meanwhile, farmers wonder what on earth they can do to get the nutritious, natural, beautiful, local whole milk product they produce to the children in need of nourishment at school, while doctors bemoan under-consumption of nutrients of concern like calcium, vitamin D and potassium (abundant in milk, better absorbed with the fat).

Even the 2020-25 DGA Committee admitted that all three dietary patterns leave all age groups deficient in key nutrients. That’s okay, just get in line for our vitamin pills, right?

It’s even more concerning to see the diets in reality are even worse than they are on paper, if that’s possible, as students pass-over the obligatory skimmed milk in favor of big-brand junk drinks devoid of nutrition, or they take the skimmed milk and toss it into the trash.

USDA’s own study in 2013 showed that in the first year after the Smart Snacks regulations tied competing beverages to the DGAs — outright prohibiting whole milk and 2% milk from schools — student selection of milk fell 24%, and the amount of milk discarded by students increased by 22%. Other studies since 2012 show milk is among the most frequently discarded items at schools. World Wildlife Fund issued a report saying one way to reduce this waste is to educate schools on the fact that they are not forced to serve milk, they can offer it and educate students not to take the milk if they aren’t going to drink it.

What does that solve? It still leaves children and youth without the nourishment USDA touts in the school lunch program on paper even as the school meal situation has become an increasingly restrictive maze of fat limits and thresholds that schools give up managing it and leave it to the ‘Big Daddy’ institutional foodservice corporations with their pre-packaged, highly-processed deals that come with ‘USDA compliance guarantees.’

Why is the Biden Administration fast-tracking this agenda? There are four bipartisan bills before Congress dealing with school milk and others dealing with childhood nutrition. There are bills about allowing whole milk in schools at the state level in Pennsylvania and New York, with lawmakers in at least two other states watching closely to perhaps do the same.

The Whole Milk for Healthy Kids Act to repeal your whole milk prohibition has 93 cosponsors in 32 states. City schools, rural schools, town mayors, boards, teachers, parents, coaches, dieticians, doctors, nurses, farmers — people from all walks of life — and, yes, food and nutrition scientists are increasingly appalled at the school milk and school lunch issues — all under the thumb of the DGAs.

The DGAs are designed in a way that each 5-year cycle builds on the one before it — since 1990! The scientific questions are formulated to keep moving that way instead of looking back and re-evaluating or re-examining nutritional aspects USDA considers ‘settled science.’

In reality, however, there is nothing settled about the DGA ‘science’ on saturated fat. This build-upon process is flawed.

In fact the ‘preponderance of evidence’ would tell us the process should be opened up for a more thorough and reflective review, toward more flexible saturated fat limits — especially to expand overly-restrictive saturated fat limits that are creating concerns for children and youth and, in effect, keep nutrient-dense whole milk and 2% milk, as well as full-fat dairy products out of schools. By these standards, the DGAs actually embrace artificially-created highly processed beverages and foods — even Impossible Burger over Real Beef.

The preponderance of evidence is undeniable. The DGA saturated fat limits are a straight-jacket for schools, imprisoning children into poor nutritional health outcomes that can stay with them the rest of their lives and may affect their abilities to learn. Our future as a nation, the health of our children, the economic standing of our food producers, our nation’s food security, our national security itself are all rooted in these DGAs that are still centered on false narratives about saturated fat that the preponderance of evidence has disproven.

Please extend this comment period to 90 days and expand the input considerations and the process, especially as relates to saturated fat limits for all life stages and evaluate the current patterns for under-consumption of nutrients of concern for all life stages. Simply amending a failed base product is unproductive at best and creates more negative health consequences at worst. We need a DGA course correction, a re-do, rigorous scientific debate, acknowledgment that the science is not settled against fat with the preponderance of evidence moving toward the healthfulness of dietary fat.

Finally, we need a Dietary Guidelines product that serves more broadly as just that — guidelines — not a prescriptive one-size-fits-all straight-jacket that obviously is failing the majority of Americans.

Public discussion about the process is needed in a more open, thoughtful, comprehensive manner before the 2025-30 DGAs get underway.

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PA State Rep. John Lawrence champions three dairy bills

“We have to get real. I want to drink fresh Pennsylvania milk. It’s long past time to stand up for our Pennsylvania dairy farmers who are producing it,” said Pennsylvania State Representative John Lawrence. He told the 300 dairy farmers attending Sensenig’s Feed Mill’s dairy conference about his package of three bills, including HB 2397, the Whole Milk for Pennsylvania Schools Act.

‘It’s time to take a stand for our dairy farmers’

By Sherry Bunting, Farmshine, March 11, 2022

EAST EARL, Pa. – Pennsylvania State Representative John Lawrence (R-13th) has been working on behalf of dairy farmers in what has

seemed like the wilderness in the past decade — representing Chester County and part of Lancaster County. He’s glad to see, in recent years, more of his colleagues are recognizing the situation.

“Pennsylvania dairy farmers are struggling, and we have a decision to make if we want to drink milk produced on Pennsylvania farms,” he said, speaking to farmers attending the customer appreciation dairy conference and luncheon of Sensenig’s Feed Mill. The event drew around 300 to Shady Maple in eastern Lancaster County in early March.

Lawrence has a slate of three bills in the State House — HB 223 would provide tax incentives for dairy processing in the Commonwealth; HB 224 would provide authority to the Pa. Milk Marketing Board (PMMB) to make changes to account for where all of the state-mandated over-order premium goes, which is paid by Pennsylvania consumers on every gallon of milk they buy; and HB 2397 is the new bill he is introducing to be intentional about allowing whole milk in Pennsylvania schools.

The latter is numbered 2397 for a reason, he said. The last two digits of the bill number, 97, coincide with the popular and progressive grassroots 97 Milk education effort, sharing the benefits and facts about whole milk and dairy, virtually 97% fat free.

“Whole milk was outlawed 10 years ago by the federal government. This is towards the top of what I would call the ‘ludicrous list,’” Lawrence said.

Tired of waiting for the federal government to act to correct this situation for schoolchildren and for farmers, Lawrence says the idea for how to approach it at the state level came to him two months ago. It just occurred to him as he thought about the dilemma. 

In fact, he thanks God for that inspiration — the inspiration to approach the bill from the state’s rights aspect of the U.S. Constitution.

“We have jurisdiction on this,” Lawrence explained. 

When milk produced on Pennsylvania farms and processed in a Pennsylvania plant is purchased by a Pennsylvania school with Pennsylvania or local funds, then the federal government has no jurisdiction over what can be offered to students.

That’s the gist of it. 

The federal government lays claim to interstate commerce, but if a school’s milk is supplied strictly through intrastate commerce (within-state commerce), then the milk offered to students comes under state jurisdiction, and the state can allow whole milk, according to Lawrence.

He said the bill is enjoying broad bipartisan support in the House and will be introduced officially very soon.

“We have a robust dairy industry in our Commonwealth. Pennsylvania milk delivered to Pennsylvania plants and offered for sale to Pennsylvania students paid for by state or local funds is intrastate commerce. Who regulates that? We do. The state does. So, the federal government has no say,” Lawrence related.

Under those conditions, “if a school wants to buy Pennsylvania whole milk, then they would have every right to do that and offer it to students,” Lawrence said. “If the federal government would try to withhold other funding from those schools because of it, then we go after them.”

Lawrence is counting on broad support in the State Assembly for the measure. By the amount of feedback he is getting from colleagues, organizations, schools and others, he believes it will pass.

“It’s time to take a stand for our dairy farmers,” he said. “We have lost a generation of milk drinkers getting skim milk and throwing it in the trash.” This bill — HB 2397 — would give Pennsylvania schools the opportunity to offer whole milk and it would support Pennsylvania’s dairy farms and processors at the same time.

As for HB 224 dealing with the PMMB over-order premium, Lawrence said it addresses transparency and accountability. 

“Right now, every gallon of milk sold in Pennsylvania is assessed the over-order premium,” he said. “Pennsylvania consumers are paying this in the price of their milk. That money should all be coming back to you, the Pennsylvania farmers. This bill would account for that.”

He noted that this bill is also finding broad bipartisan support.

HB 223 is the third bill, and straightforward. Lawrence patterned it off the Keystone Opportunity Zones, using the tax credit idea for attracting new businesses and jobs to the Commonwealth. 

“In this case it’s focused on dairy,” he said.

This bill would make those tax credits available to new processing on a large or small scale, including expansion of existing facilities and even on-farm processing.

The stipulation is the entity receiving the tax credits must source 75% of their milk supply to Pennsylvania farms.

“This way we create markets for dairy farms in the Commonwealth. We have to keep our farmers alive because we also have to eat,” Lawrence stated matter-of-factly. “We have to stop taking it for granted.

“We have a choice to make about where we will lay our priorities. We have to get real. I want to drink fresh Pennsylvania milk,” he said. “It’s long past time to stand up for our Pennsylvania dairy farmers who are producing it.” -30-

Advocating strongly for the Whole Milk for Pennsylvania Schools Act are (l-r) Bernie Morrissey, Ken Sensenig, Representative John Lawrence, Mike Sensenig, Devin Shirk and Kyle Sensenig. 

Milk fuels these Olympic athletes, one is a dairy farmer

Katie Ledecky (Right) on Tuesday, July 27 when she won gold in the first ever women’s 1500-meter distance freestyle race. She drinks 12 ounces of chocolate milk after every race and workout.
Photo courtesy Team USA.
Elle Purrier St. Pierre (left) is a Vermont dairy farmer pictured here in June celebrating cows and cheese. Today, she’s in Tokyo getting ready to compete in Olympic track events next week.
Photo courtesy @ellie_runs_4_her_life

By Sherry Bunting, Farmshine, July 30, 2021

TOKYO — Commentators have likened Olympic gold medal swimmer Katie Ledecky to a Lamborghini, a powerful machine, gliding through the water in freestyle sprints and distance races. She won four gold medals for Team USA in Rio de Janeiro in 2016 and one in London in 2012.

Then, in Tokyo Tuesday, July 27, in the same 24-hour period — after winning silver in the 400-meter and missing medals altogether in the 200-meter — Ledecky came back with determination and poise to win Olympic gold by a healthy margin in the 1500-meter freestyle. Teammate Erica Sullivan secured the silver.

Ledecky was a machine Tuesday night in Tokyo. Her methodical straight line stretch of 30 laps in the 50-meter pool ended when she touched the wall at 15 minutes 37 seconds. That’s freestyle swimming of roughly one mile in just over 15 minutes – ranging 1.5 to 1.7 meters per second! She makes history as this is the first women’s 1500-meter freestyle Olympic event.

As she headed into the final four laps, NBC Sports commentators broadcast to a worldwide audience her training and nutrition regimen, how she fuels her body in the morning with oatmeal – made with milk, peanut butter and fruit — and always downs a 12-ounce bottle of chocolate milk after every race or workout.

Described as inspirational in her work ethic and a beast in her daily workout, Ledecky is one of Team USA’s Olympians who is proud to be powered by milk. Dairy farmers will be happy to know Ledecky teamed up a few years ago in the Built with Chocolate milk campaign, sponsored by the Milk Processors Education Program (MilkPEP). The campaign features athletes and the science behind low-fat chocolate milk as a recovery and refuel beverage. Low-fat chocolate milk is Ledecky’s choice, and milk and dairy are part of her dietary regimen in other ways too.

The swimmer told Fitness in 2018 that the bottle of chocolate milk 30 minutes after a workout or race has been part of her routine for more than a decade.

“This is my go-to post-workout recovery beverage since I was 13 years old,” said Ledecky in the Fitness interview. “I remember being a young swimmer when someone explained that drinking chocolate milk for recovery gives my body the nutrients it needs to refuel. Since then, I make sure to keep one in my lunchbox daily and drink it after a tough workout. Of course, it tastes great too.”

A year ago, Katie Ledecky helped MilkPEP bring back the ‘Got Milk campaign with this ‘Got Milk Challenge’ — swimming 50 meters freestyle in 35 seconds with a glass of chocolate milk balanced on her head, then managing to flip it at the end and drink it — never spilling a drop. The TikTok video went viral. Photo courtesy @katieledecky 

When the 2020 Olympics were postponed, Ledecky did the fun video of herself swimming 50 meters with a glass of chocolate milk on her head — without spilling a drop. That’s how steady, balanced and methodical her stroke is. Of course, at the end, she drank the milk — all smiles. The video went viral and inspired other swimmers to film themselves attempting the feat, and drinking the milk. Just a fun, feel-good moment for an accomplished Olympian who relies on and loves her chocolate milk.

As for Ledecky’s Tokyo Olympics this week, she has a few more events to go and we are rooting for her. Of her 1500-meter gold, Ledecky said in an NBC Sports interview just after the race that it “means a lot.”

With a nod to falling short of her goals in the 200- and 400-meter races just before the 1500, she said: “People may be feeling bad that I’m not winning everything, but I want people to be more concerned about other things in the world. People are truly suffering. I’m just proud to bring home a gold medal to Team USA.”

We are also rooting for the first-ever farm girl fueled to compete in the Olympics. Runner Elle Purrier St. Pierre arrived in Tokyo this week and will compete in the Olympic track events next week.

According to NBC Sports, Elle took first in the final 1500-meter race during Olympic trials, breaking a previous record and setting other track records as well, including breaking a 37-year-old record for the U.S. women’s indoor mile last year and breaking the two-mile record earlier this year.

Elle is a dairy farmer! She grew up on a 40-cow dairy farm near Montgomery, Vermont. Today she lives with her husband Jamie on his family’s Berkshire, Vermont dairy farm. 

During the Covid-19 pandemic, Elle trained from the farm with her own equipment and has reported in various mainstream media interviews how working on the dairy farm has helped her own fitness.

Whether at home on the farm in Vermont, or after a race or workout half the world away, Olympian Elle Purrier St. Pierre says the first thing she does after running is to chug a glass of milk. Facebook courtesy photo

She also explains every chance she gets how crucial dairy is to her diet. Elle’s husband studied dairy management at Cornell, and Elle studied nutrition at the University of New Hampshire. She says she could not have reached the heights of her running career without milk.

“The first thing I do when I get done running is, I chug a glass of milk, and I just know everything in there is going to help me do better,” says Elle in an interview with USA Today. “It’s got the perfect ratio of carbs and protein, when you add the chocolate, and just so many vitamins and minerals. It’s crazy what a great resource it is.”

There are also other Olympians proud to make milk and dairy part of their regimens, and to talk about it. We are rooting for Team USA and especially for Team Milk!

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Feeling good about milk

By Sherry Bunting, Farmshine, June 11, 2021

“The beverage industry is savage.”

So says Rohan Oza, an American businessman, investor, and marketing expert behind several large brands. He was with Coca Cola until 2002 and in the past 19 years has the distinction of being a brand mastermind behind Vitaminwater, Smartwater and Bai beverages, among others, and he has been a recurring guest on Shark Tank, a television show where entrepreneurs pitch their fledgling businesses to several investor “sharks” in hopes of getting an investment deal for a percentage of equity in their businesses.

In an archived episode of Shark Tank from 2018 when a husband and wife pitched their apple cider drink, known today as Poppi, Oza had other pearls of wisdom to share about the beverage industry.

He said the largest companies aren’t creating the drinks, they’ve perfected the manufacturing and distribution. Instead, they rely on entrepreneurs to have the vision to bring a new beverage to market.

Packaging and marketing matter. Information is power. Flavor is king.

Oza said consumers want beverages they can feel good about.

That’s what has been missing over four decades in the milk industry, especially the past decade since 2010 when fluid milk sales took the sharpest nosedive. This has stabilized a bit in the past two years as whole milk sales rose 1% and 2.6% in 2019 and 2020, respectively, providing a bit of a safety net to overall fluid milk losses.

There is an innovative and entrepreneurial trend in bringing to market new dairy-based beverages that contain dairy protein, or ultrafiltered low-fat milk as an ingredient. However, MILK, itself, as a beverage, lost its power to make people feel good because people were not empowered with good information, and children were robbed of opportunities to choose the good milk — whole milk — at schools and daycares.

What milk itself lost as a beverage was the power to make people feel good about drinking it — because people lost touch with what they were getting from milk, what whole milk actually does for them. One big reason? GenZ-ers (and to some degree millennials) have grown up drinking (or tossing) the low-fat or fat-free milk as their only choices in school, and then found themselves searching for something else to drink in the a la carte line.

That’s changing. Research, studies and scientific papers keep coming forward, identifying the benefits of whole milk. When people try it, a common reaction is, “this is the good milk.”

Yes, whole milk is winning customers. Efforts by dairy producers — at large and through organizations like 97 Milk — have been focusing lately on giving the public the information they need about whole milk to make informed choices. It’s about giving people the opportunity to know what whole milk can do for them, and we hope that bills in the United States Congress as well as conversations with the Pennsylvania State Senate bear fruit in the ongoing effort to legalize the choice of whole milk in schools… so future generations can feel good about milk too.

We notice that if USDA can give the coveted Child Nutrition label to the Impossible Burger — a fake meat product with more saturated fat (8 grams) in a 4 ounce patty than whole milk (5 grams) in an 8 ounce glass and more sodium (370 mg for Impossible vs. 120 for whole milk) and more calories, then surely USDA can loosen its grip on the fat content of the milk choices for children in schools. Incidentally, the USDA approval of Impossible for school lunch is really a head scratcher next to 85/15 real beef because the real thing has less saturated fat, less sodium, and fewer calories.

Yes, USDA qualified Impossible Burger for reimbursement with taxpayer funds in the National School Lunch Program, but still outright forbids the choice of whole milk in schools.

USDA and Congress are moving toward universal free lunch and breakfast (even supper and snack) for all kids. FDA is in the procedural phase of developing a “healthy” symbol for foods that “earn” it — according to whom? Dietary Guidelines! The trend in government is toward giving consumers less information on a label, not more.

This is why milk education and freedom of choice are more important than ever. Even the Hartman Group young consumer insights cited at PepsiCo’s K-12 foodservice website state that GenZ-ers show a preference for ‘fast food’ and ‘familiar tastes.’ Millennials and GenZ-ers both show high preference for foods they grew up with.

Kids need to grow up able to choose the good milk — whole milk — not have that choice forbidden. That’s why the milk kids get to choose at school where they get 1, 2, even 3 meals a day is so important.

Give them the choice of the good milk that is good for them, and the power of information, and they’ll remember feeling good about milk.

Happy June Dairy Month! A big thanks to dairy farmers for all they do.

Bipartisan Whole Milk bill introduced in U.S. Congress

U.S. House Ag Committee ranking member G.T. Thompson (R-Pa.) is pictured here at a listening session in the summer of 2019. At that time, he mentioned the work of the Grassroots Pa. Dairy Advisory Committee and 97 Milk as one of the best things happening in dairy. Last week, he reintroduced his bipartisan Whole Milk for Healthy Kids Act of 2021, H.R. 1861.

Will third time be charm? Will Penna. and N.Y. consider state legislation?

By Sherry Bunting, Farmshine, March 19, 2021

WASHINGTON, D.C. — Congressman Glenn ‘GT’ Thompson (Pa.-15th) wasted no time reintroducing the Whole Milk for Healthy Kids Act in the 117th congressional session. Although the official text of the bill introduced last Thursday, March 11 is not yet available, Thompson noted in February it would include a few structural improvements over the earlier versions.

Thompson is now the Republican Leader of the House Agriculture Committee, and he cosponsored the bipartisan whole milk bill, H.R. 1861 with Congressman Antonio Delgado (NY-19th), a Democrat.

Essentially, the Whole Milk for Healthy Kids Act allows for unflavored and flavored whole milk to be offered in school cafeterias. This choice is currently prohibited under USDA rules of implementation from the 2010 Healthy Hunger Free Kids Act that Congress passed 11 years ago to tie school lunch and other USDA food nutrition services more closely to the low-fat and fat-free stipulations from decades of USDA-HHS Dietary Guidelines. These DGAs continue to ignore the science about milkfat and saturated fat – especially where children are concerned.

“Milk provides nine essential nutrients as well as a great deal of long-term health benefits. Due to the baseless demonization of milk over the years, we’ve lost nearly an entire generation of milk drinkers, and these young people are missing out on the benefits of whole milk,” said Rep. Thompson in a statement last Friday.

“It is my hope the Whole Milk for Healthy Kids Act will give children a wide variety of milk options and bolster milk consumption — a win-win for growing children and America’s dairy farmers,” Rep. Thompson stated.

Rep. Delgado added: “The Whole Milk for Healthy Kids Act will help young people maintain a healthy diet while supporting our upstate dairy farmers and processors. I am proud to lead this bipartisan effort to provide more choices for healthy and nutritious milk in schools. This legislation is good for young people and good for our dairy producers in today’s tough farm economy.”

The Grassroots PA Dairy Advisory Committee and 97 Milk are hoping the third time is the charm for this legislation. Last month, they met virtually last month with Rep. Thompson, and last fall on school milk and other dairy policy concerns. Congressman Thompson has made the Whole Milk for Healthy Kid Act a high priority over the past four years during the past two legislative sessions. Some members of the Grassroots PA Dairy Advisory Committee and 97 Milk have been working on the school milk issue for a decade or more, and on the issues surrounding the flawed DGAs for even longer. 

Arden Tewksbury of Progressive Agriculture Organization has been working on this issue for many years. In addition to dairy advocacy, the retired dairy farmer is also a decades-long school board director in northern Pennsylvania.

Rep. Thompson indicated last month that he would restructure the proposed legislation for reintroduction this session, with some tweaks that should make it more workable for school foodservice directors.

He explains that in 2010, Congress passed the Healthy, Hunger-Free Kids Act, which amended nutrition standards in the School Lunch Program. Among the changes, the law mandated that school lunches and other government-supported feeding programs be tied directly to the DGAs. The USDA at that time promulgated rules requiring flavored milk to be offered only as fat-free, and that unflavored milk could only be fat-free or 1% low-fat milk. 

Schools are audited by USDA for dietary compliance, and their compliance record affects not just their school food reimbursements, but also the educational funds a district receives for federal mandates.

USDA, in 2017, allowed schools to offer 1% low-fat flavored milk. This was a small positive change after statistics showed schools served 232 million fewer half-pints of milk from 2014 to 2016, and school milk was among the most discarded items in school waste studies conducted by USDA and EPA in conjunction with other organizations.

In fact, a Pennsylvania school — working with the Grassroots PA Dairy Advisory Committee and 97 Milk — offered milk at all fat levels to middle and high school students in a 2019-20 school year trial. Their findings showed students chose whole milk 3 to 1 over 1% low-fat milk. During the trial, the school’s milk sales grew by 65% while the volume of discarded milk declined by 95%. This meant more students were choosing to drink milk, and far fewer students were discarding their milk and buying something else.

Tricia Adams, a member of the Grassroots PA Dairy Advisory Committee, sees firsthand the response of children and teens when offered whole milk. “When we have school and community tours at the farm, we offer whole milk. The children call it ‘the good milk!’” said Adams of Hoffman Farms, Potter County, Pa. “We thank Congressman Thompson for his tireless efforts on this issue. As dairy farmers, we work hard to produce high quality, wholesome, nutritious milk, and as parents, we want kids to be able to choose the milk they love so they get the benefits milk has to offer.”

Jackie Behr, of 97 Milk, also sees the support for whole milk through the organization’s social media platforms. “We know how good whole milk is, especially for children,” said Behr. “We see the support in emails, comments and messages from the public. The science shows the benefits of whole milk, and today, more families are choosing whole milk to drink at home. Children should have the right to choose whole milk at school.”

Whole milk choice in schools has been an important signature piece of legislation for Rep. Thompson because of the triple-impact he said he believes it will have on the health of children, the economics of dairy farming and the sustenance of rural communities.

The bill’s predecessor in the 2019-20 legislative session garnered 43 cosponsors in the House.

Starting anew in the 2021-22 congressional session, the bill will need to amass cosponsors in the coming months. A companion bill in the Senate would also be helpful because the school lunch rules come legislatively through the Committee on Education and Labor in the House and through the Committee on Agriculture and Rural Affairs in the Senate.

What’s new this time is that the Johnstown Tribune-Democrat published a feature story Friday about the 2021 Whole Milk for Healthy Kids Act, and the School Nutrition Association made this the top story in their weekly newsletter to school foodservice director members this week. That’s good news.

Additional good news came with the official public support voiced by National Milk Producers Federation (NMPF) and International Dairy Foods Association (IDFA). In a press statement released by Rep. Thompson’s office last Friday, March 12, leaders of both organizations commented.

“The recently updated Dietary Guidelines for Americans reaffirmed dairy’s central role in providing essential nutrients, including those of public health concern. The Dietary Guidelines Advisory Committee found that 79% of 9-13-year-olds don’t meet the recommended intake for dairy,” stated NMPF president and CEO Jim Mulhern. “We commend Representatives Thompson and Delgado for introducing the bipartisan Whole Milk for Healthy Kids Act. Whole milk provides a valuable way for children to obtain dairy’s nutritional benefits as part of a healthy eating pattern. This bill will help provide our children the nutrition they need to lead healthy lives.”

On behalf of IDFA, CEO Michael Dykes DVM thanked the representatives for their leadership on this bill “to allow schools more flexibility in offering the wholesome milk varieties that children and teens enjoy at home. Expanding milk options in schools helps ensure students get the 11 essential nutrients daily that only milk provides, including protein, calcium, vitamin D, vitamin A, niacin, vitamin B12, riboflavin, and potassium,” Dykes said.

A petition organized and promoted by Grassroots PA Dairy Advisory Committee and 97 Milk — in direct support of the earlier versions of this legislation to ‘bring whole milk choice back to schools’ — garnered over 30,000 signatures in 2019-20 – over 24,000 electronically online as well as over 6,000 by mail through Farmshine.

In recent weeks, the online petition has picked up new life as it has been mentioned in hearings and informal conversations with state lawmakers — especially in Pennsylvania and New York — and has been mentioned recently by food, nutrition and agriculture advocates on social media.

The whole milk petition effort has also gathered over 5000 letters of support in addition to the 30,000-plus signatures in 2019-20. These letters and submitted comments, online and by mail, came from school boards, town boards, county commissioners, school nurses, doctors, dieticians, professors, veterinarians, teachers, coaches, athletes, school foodservice directors, parents, students, and citizens at large.

The entire bundle of signatures, comments and letters were previously digitized by the Grassroots PA Dairy Advisory Committee and 97 Milk and uploaded at each public comment opportunity during the 2020-25 Dietary Guidelines process. Petition packets were also provided digitally and in hard copy to key members of Congress as well as the USDA Food Nutrition Services Deputy Undersecretary in fall 2019 and spring 2020.

The Grassroots PA Dairy Advisory Committee and 97 Milk plan to revitalize the petition as an effort to amass even more public support for whole milk choice in schools. Interestingly, this is a difficult undertaking given that the majority of Americans do not even realize — and sometimes disbelieve — that their children and grandchildren currently do not have a choice and are forced to consume fat-free or 1% low-fat milk as their only milk options because whole milk cannot even be offered ‘a la carte’.

During a New York State Senate Ag Committee hearing last month, agricultural law attorney and dairy producer Lorraine Lewandrowski asked New York State Senators to consider state-level legislation to make it legal to offer whole milk in schools as a starting point vs. federal jurisdiction. Her request was met with dumbfounded shock that this was even an issue, and some indication that it was worth taking a look at.

This week, retired agribusinessman Bernie Morrissey — chairman of the Grassroots PA Dairy Advisory Committee — met with leaders in the Pennsylvania State Senate. He reports that state legislation to allow whole milk in schools was a top priority in that discussion.

In fact, Nelson Troutman, originator of the Drink Whole Milk 97% Fat Free painted round bales has urged states to get involved on this issue from the beginning.

“We can’t fix everything at the national level, we have to save Pennsylvania,” said Troutman, a Berks County, Pennsylvania dairy farmer.

The 97 Milk education effort that became a grassroots groundswell after Troutman painted his original round bale initially focused on Pennsylvania. However, the online and social media presence of 97milk.com and @97Milk on facebook since February 2019 has become nationwide, even global, in reach and participation.

For two years, Morrissey has garnered agribusiness support for various banners, yard signs and other tangible signs of support for whole milk in schools. Requests have come in from other states. The 97 Milk group also operates solely on donations and offers several options for showing support at their online store, where purchase requests come in from across the country as well. In addition, farm photos and ideas have come into 97 Milk from producers across the Northeast, Southeast, Midwest and West.

In much the same way, the 30,000-plus petition supporting the choice of whole milk in schools has had heavy participation in Pennsylvania and New York. However, signatures, comments and letters have been received at various levels from all 50 states. (A small portion of signatures even came from Canada, Australia, Mexico, England, Japan, India and the continent of Africa. Those, of course, had to be removed from the packets provided to USDA. However, it is telling that the simple concept of children being able to choose whole milk is a global concern.)

Likewise, Tewksbury with Progressive Agriculture Organization has long supported the right of children to choose whole milk at school. Several petition drives by Pro Ag have also amassed the tangible support of citizens, and those petitions were provided to USDA in previous years — delivered physically in boxes.

In February, Thompson stated that there are members of the House Ag Committee who want to elevate this issue of whole milk choice in schools. Thus, now is the time for organizations to come together and issue strong position statements supporting H.R. 1861 Whole Milk for Healthy Kids Act and for citizens to contact their elected representatives and senators in the U.S. Congress asking for their support of the House bill and in support of a champion to come forward with a companion bill in the Senate.

The ‘bring whole milk choice back to schools’ online petition still references the earlier H.R. 832 and S. 1810 bills, and will be updated when official links to the reintroduced bill text for H.R.1861 become available.

Stay tuned for updates, and for those who have not previously signed this petition, go to https://www.change.org/p/bring-whole-milk-back-to-schools 

Bernie Morrissey continues working with producers and agribusinesses to print and distribute these yard signs of support for Whole Milk as a school lunch choice. To read more about the sign efforts taking root across PA with calls coming in from other states… click here.

U.S. ‘Dietary Guidelines’ released in wake of continued failures, Checkoff and industry organizations ‘applaud’

More than a decade of research on saturated fat is again ignored: A look at the reality of where we are and how we got here.

On the surface, the broad brush language of the 2020-25 Dietary Guidelines looks and sounds good. But the devil is in the details.

By Sherry Bunting, Farmshine, January 15, 2021

WASHINGTON, D.C. – “Make every bite count.” That’s the slogan of the new 2020-25 Dietary Guidelines for Americans (DGA), released Tuesday, December 29 by the U.S. Departments of Agriculture (USDA) and Health and Human Services (HHS).

In the webcast announcement from Washington, the focus was described as helping Americans meet nutritional needs primarily from nutrient-dense ‘forms’ of foods and beverages. However, because of the continued restriction on saturated fat to no more than 10% of calories, some of the most nutrient-dense foods took the biggest hits.

For example, the 2020-25 DGA executive summary describes the Dairy Group as “including fat-free or low-fat milk, yogurt and cheese and/or lactose-free versions, and fortified soy beverages and yogurt.” 

Even though the 2020-25 Dietary Guidelines exclude important dairy products from the Dairy Food Group and continue to restrict whole milk and full-fat cheese with implications for school meals, the checkoff-funded National Dairy Council says “Dairy organizations applaud.” Screenshot at https://www.myplate.gov/eat-healthy/dairy

At the newly re-launched MyPlate website, exclusions are listed, stating “the Dairy Group does not include foods made from milk that have little calcium and a high fat content, such as cream cheese, sour cream, cream, and butter.”

In fact, the webcast announcement flashed a slide of MyPlate materials showing consumers how to customize favorite meals for so-called ‘nutrient density’. The example was a burrito bowl, before and after applying the DGAs. Two recommended ‘improvements’ were to remove the sour cream and to replace ‘cheese’ with ‘reduced-fat cheese.’

For the first time, the DGAs included recommendations for birth to 2 years of age. The new toddler category is the only age group (up to age 2) where whole milk is recommended.

The 2020-25 DGAs “approve” just three dietary patterns for all stages of lifespan: Heathy U.S., Vegetarian, and Mediterranean. Of the three, two include 3 cups of low-fat or fat-free dairy and one includes 2 to 2.5 cups low-fat and fat-free dairy. Protein recommendations range 2 to 7 ounces. All 3 dietary patterns are heavy on fruits, vegetables and especially grains. 

In short, the DGA Committee, USDA and HHS collectively excluded the entire past decade of research on saturated fat. Throughout the DGA process, many in the nutrition science and medical communities asked the federal government to add another dietary pattern choice that is lower in carbohydrates and higher in protein with a less restrictive saturated fat level — especially given the government’s own numbers shared in the Dec. 29 announcement that, today, 60% of adults have one or more diet-related chronic illnesses, 74% of adults are overweight or obese, and 40% of children are overweight or obese.

USDA and HHS shared these statistics during the announcement of the new 2020-25 Dietary Guidelines. The next slide stated the reason for the worsening obesity and chronic diet-related disease rates is that Americans are not following the Guidelines. And yet, this progression has a marked beginning with the 1980s start of Dietary Guidelines and has accelerated in children during the 10 years since USDA linked rules for school and daycare meals more directly to the Guidelines in 2010.

Ultimately, the 2020-25 DGAs fulfilled what appears to be a predetermined outcome by structuring its specific and limiting questions to set up the research review in a way that builds on previous cycles. This, despite letters signed by over 50 members of Congress, hundreds of doctors, as well as a research review conducted by groups of scientists that included former DGA Committee members — all critical of the DGA process. 

As current research points out, saturated fat is not consumed by itself. It is part of a nutrient-dense package that supplies vitamins and minerals the DGA Committee, itself, recognized their approved dietary patterns lack. Full-fat dairy foods and meats have complex fat profiles, including saturated, mono and polyunsaturated fats, CLAs and omegas.

But USDA and HHS chose to ignore the science, and the dairy and beef checkoff and industry organizations ‘applauded.’

National Dairy Council ‘applauds,’ NCBA ‘thrilled’

Both the checkoff-funded National Dairy Council (NDC) and checkoff-funded self-described Beef Board contractor National Cattleman’s Beef Association (NCBA) were quick to respond with public statements.

An NCBA spokesperson was quoted in several mainstream articles saying beef producers are “thrilled with the new guidelines affirming lean beef in a healthy diet.”

NDC stated in the subject line of its news release to media outlets that “dairy organizations applaud affirmation of dairy’s role in new Dietary Guidelines.”

The NDC news release stated: “Daily inclusion of low-fat and fat-free dairy foods is recommended in all three DGA healthy dietary patterns. Following the guidelines is associated with reduced risk of chronic diseases like cardiovascular disease and type 2 diabetes.”

The dairy checkoff news release also identified nutrient deficiencies that are improved by consuming dairy but failed to mention how fat in whole milk, full-fat cheese and other dairy products improves nutrient absorption.

Checkoff-funded NDC’s news release described the DGAs as “based on a sound body of peer-reviewed research.” The news release further identified the guidelines’ continued saturated fat limits at no more than 10% of calories but did not take the opportunity to mention the excluded peer-reviewed research showing saturated fat, milkfat, whole milk and full-fat dairy foods are beneficial for health, vitamin D and other nutrient absorption, all-cause mortality, satiety, carbohydrate metabolism, type 2 diabetes and neutral to beneficial in terms of cardiovascular disease and certain cancers.

They did not take the opportunity to encourage future consideration of the ignored body of research. Even National Milk Producers Federation (NMPF) included a fleeting mention of its hopes for future fat flexibility in its own DGA congratulatory news release.

The checkoff-funded NDC news release did reveal its key priority: Sustainability. This topic is not part of the guidelines, but NDC made sustainability a part of their news release about the guidelines, devoting one-fourth of their communication to this point, listing “sustainable food systems” among its “dietary” research priorities, and stating the following:

“While these Guidelines don’t include recommendations for sustainable food systems, the U.S. dairy community has commitments in place to advance environmental sustainability,” the National Dairy Council stated in its DGA-applauding news release. “Earlier (in 2020), the Innovation Center for U.S. Dairy announced the 2050 Environmental Stewardship Goals, which include achieving carbon neutrality or better, optimizing water usage and improving water quality.”

(Remember, DMI CEO Tom Gallagher told farm reporters in December that “sustainable nutrition” will be the new phrase. It is clear that the dairy checkoff is on-board the ‘planetary diets’ train).

International Dairy Foods Association (IDFA) and National Milk Producers Federation (NMPF) also issued news releases praising the inclusion of low-fat and fat-free dairy in the DGAs and upholding the guidelines as ‘science-based.’

According to the Nutrition Coalition, and a panel of scientists producing a parallel report showing the nutrient-dense benefits of unprocessed meat and full fat dairy as well as no increased risk of heart disease or diabetes, the 2020-25 DGAs excluded more than a decade of peer-reviewed saturated fat research right from the outset.

The exclusion of a decade or more of scientific evidence sends a clear message from the federal government — the entrenched bureaucracy — that it does not intend to go back and open the process to true scientific evaluation. In this way, the DGAs dovetail right into ‘sustainable nutrition’ and ‘planetary diets’ gradually diluting animal protein consumption as part of the World Economic Forum’s Great Reset for food transformationEAT Lancet style.

So, while dairy checkoff is applauding the DGAs, dairy producers are lamenting the way the guidelines rip key products right out of the dairy food group.

Saturated fat and added sugars combined

A less publicized piece of the DGA combines saturated fat and added sugars. In addition to no more than 10% of each, the new DGAs state no more than 15% of any combination of the two.

The 2020-25 DGAs limit saturated fat and added sugar each to 10% of calories; however, both are combined at 15% of daily calories.

This detail could impact the way schools, daycares and other institutional feeding settings manage the calorie levels of both below that 10% threshold to comply with USDA oversight of the combined 15%.

These two categories could not be more different. Saturated fat provides flavor plus nutritional function as part of nutrient-dense foods, whereas added sugar provides zero nutritional function, only flavor. 

USDA and HHS fail

During the DGA webcast announcement, Ag Secretary Sonny Perdue said: “The new Dietary Guidelines are focused on nutrient dense foods and are based on a robust body of nutritional scientific evidence to make every bite count.”

However, Perdue failed to acknowledge any role for the robust scientific evidence that was completely excluded from consideration in the process, nor did he acknowledge the stacked-against-fat formation of the DGA Committee, especially the subcommittee handling the 2020 dietary fats questions.

Perdue talked about how the guidelines are there to help Americans make healthy choices. He repeatedly used the term “nutrient dense foods” to describe dietary patterns that are notably lacking in nutrient dense foods – so much so that even the DGA Committee admitted in its final live session last summer that the approved dietary patterns leave eaters, especially children and elderly, deficient in key vitamins and minerals.

(Last summer in their final session, members of the DGA Committee said Americans can supplement with vitamin pills, and one noted there are ‘new designer foods’ coming.)

“We are so meticulous and careful about developing the DGAs because we use them to inform food and federal programs,” said Admiral Brett Giroir of HHS during the DGA announcement.

Part of the screening process used by USDA for science that will be included or excluded from Dietary Guidelines Advisory Committee consideration is this curious item shown above: “Framed around relevancy to U.S. Federal  Policy”. Committee members in October 2019 asked for more information on this research screening criteria. USDA explained it to them in the public meeting, stating that this bullet item “refers to including only the research that ALIGNS with current federal policy.”

At least Admiral Giroir was honest to remind us that the DGAs are more than ‘guidelines’, the DGAs are, in fact, enforced upon many Americans — especially children, elderly, food insecure families, and military through government oversight of diets at schools, daycares, retirement villages, hospitals, nursing homes, military provisions, and government feeding programs like Women Infants and Children.

“The 2020-25 DGAs put Americans on a path of sustainable independence,” said USDA Food Nutrition Services Deputy Undersecretary Brandon Lipps during the Dec. 29 unveiling.

Lipps was eager to share the new MyPlate website re-launch — complete with a new MyPlate ‘app’ and ‘fun quizzes and challenges.’ He said every American, over their whole lifespan, can now benefit from the DGAs. In addition, the MyPlate ‘app’ will record dietary data for the government to “see how we are doing.”

Congress fails

In the postscript comments of the 2020-25 report, USDA / HHS authorities say they intend to look again at ‘preponderance’ of evidence about stricter sugar and alcohol limits in future DGA cycles but made no mention of looking at ‘preponderance of evidence’ on loosening future saturated fat restrictions.

The ‘preponderance’ threshold was set by Congress in 1990. Then, in 2015, Congress took several steps to beef up the scientific review process for 2020.

During an October 2015 hearing, members of Congress cited CDC data showing the rate of obesity and diabetes in school-aged children had begun to taper down by 9% from 2006 to 2010, but from 2010 to 2014 the rates increased 16%.

2010 was the year Congress passed the Healthy Hunger Free Kids Act to tie the most fat-restrictive DGAs to-date more closely to the schools and other government-subsidized feeding. 

USDA, under Tom Vilsack as former President Obama’s Ag Secretary at the time promulgated the implementation rules for schools, outright prohibiting whole and 2% milk as well as 1% flavored milk for the first time — even in the a la carte offerings. These ‘Smart Snacks’ rules today govern all beverages available for purchase at schools, stating whole milk cannot be offered anywhere on school grounds from midnight before the start of the school day until 30 minutes after the end of the school day.

In the October 2015 Congressional hearing, lawmakers from both sides of the aisle grilled then Secretaries Tom Vilsack (agriculture) and Sylvia Burwell (HHS) about the Nutrition Evidence Library (NEL) that is housed at USDA, asking why large important studies on saturated fat funded by the National Institute of Health (NIH) were left out of the 2015-20 DGA consideration.

That 2015 hearing indicates why we are where we are in 2020 because of how each 5-year cycle is structured to only look at certain questions and to build on previous DGA Committee work. This structure automatically excludes some of the best and most current research. On saturated fat in 2020, the DGA Committee only considered new saturated fat evidence on children (of which very little exists) or what met previous cycle parameters.

This, despite Congress appropriating $1 million in tax dollars in 2016 to fund a review of the DGA process by the National Academy of Sciences, Engineering and Medicine. That review was particularly harsh in its findings, and the 2020-25 DGA process ignored the Academy’s recommendations.

Opinion, not fact

During the 2015 Congressional hearing, then Secretary of Agriculture Tom Vilsack was asked why 70% of the DGA process did not use studies funded by the National Institutes of Health (NIH).

“The (DGA) process starts with a series of questions that are formulated and then information is accumulated, and it goes through a process of evaluation,” Vilsack replied.

Answering a charge by then Congressman Dan Benishek, a physician from Michigan who was concerned about the 52% of Americans in 2015 that were diabetic, pre-diabetic and carbohydrate intolerant in regard to the fat restrictions, Vilsack replied:

“The review process goes through a series of mechanisms to try to provide an understanding of what the best science is, what the best available science is and what the least biased science is, and it’s a series of things: the Cochrane Collaboration, the Academy of Nutrition and Dietetics, the aging for health care equality, data quality, all part of the Data Quality Act (2001 under Clinton Admin). That’s another parameter that we have to work under, Congress has given us direction under the Data Quality Act as to how this is to be managed.”

Unsatisfied with this answer, members of Congress pressed further in that 2015 hearing, stressing that fat recommendations for children have no scientific basis because all the studies included were on middle aged adults, mainly middle-aged men.

https://www.c-span.org/video/standalone/?c4932695/user-clip-excerpt-preponderance-evidence

Vilsack admitted that the DGAs are “opinion” not “scientific fact.” He explained to the members of Congress how “preponderance of evidence” works in the DGA process.

“In some circumstances, you have competing studies, which is why it’s important to understand that this is really about well-informed opinion. I wish there were scientific facts. But the reality is stuff changes. The key here is taking a look at the preponderance, the greater weight of the evidence,” said then Sec. Vilsack in 2015. “If you have one study on one side and you have 15 on another side, the evidence may be on this side with the 15 studies. That’s a challenge. That’s why we do this every five years to give an opportunity for that quality study to be further enhanced so that five years from now maybe there are 15 studies on this side and 15 studies on this side. It’s an evolving process.”

What now?

What we are seeing again in 2020 is what happens when ‘preponderance’ is affected by structures that limit what research is included to be weighed.

Stay involved and engaged. The grassroots efforts are making inroads, even though it may not appear that way.

For their part, the checkoff and commodity organizations ‘applauding’ the latest guidelines would benefit from drinking more whole milk and eating more full-fat cheese and beef to support brain function and grow a spine.

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Preposterous ‘preponderance’

While left hand says it’s busy building ‘mountain’ of evidence, right hand has already moved the nutrition definition goal post

By Sherry Bunting, Farmshine, Dec. 23, 2020

BROWNSTOWN, Pa. — Preponderance of the evidence. We hear that phrase over and over when it comes to the Dietary Guidelines for Americans (DGAs) and the effort to reverse 40 years of increasingly strict rules on dietary fat affecting children in schools and daycares, the military, seniors in nursing care or retirement villages, food-insecure families relying on government feeding programs like WIC, and countless other insidious prohibitions on healthy choices when it comes to whole milk, butter, full-fat cheese, dairy products like sour cream and cream cheese as well as other animal protein foods containing fat.

But the whole concept of ‘preponderance’ is really preposterous when applying the legal definition.

Let’s review.

Last March at a DMI forum on a Chester County dairy farm, DMI chair Marilyn Hershey and executive vice president Lucas Lentsch described the ‘preponderance of evidence’ standard as “building a mountain of evidence.” They said the National Dairy Council is building that mountain, but it takes time to keep pushing more evidence forward “until we have enough.”

When former Ag Secretary Tom Vilsack gave the 2015-20 Dietary Guidelines his stamp of approval, a Congressional hearing took the USDA and HHS secretaries to task, grilling them on science that was not considered then (nor is it now in the 2020 version of the DGAs). Remember, former Ag Sec. Vilsack promptly became the current top-paid dairy checkoff executive for four years (Jan. 2017 to present) and is now poised (again) as President-Elect Biden’s Ag Secretary pick 2021 forward.

During that 2015 congressional grilling, then Secretary Vilsack said “It’s the preponderance of the evidence that is the standard, and we know stuff is always changing so there has to be a cutoff.”

On whole milk (which he helped remove from schools in 2010), then Secretary Vilsack, when confronted in 2015 with what he called “emerging” science on saturated fat — said “the preponderance of evidence still favors the recommendation for fat-free and low-fat dairy.”

Much of the saturated fat discussion during the 2020 DGA Committee work used the 2015 DGA’s body of science, that was one of the screening criteria. The cutoff bar didn’t move.

In 2015, then Secretary Vilsack explained the ‘science’ of the DGAs this way:

“Well, the process starts with a series of questions that are formulated and then information is accumulated and it goes through a process of evaluation,” he said.

Answering a charge by then Congressman Benishek, a physician from Michigan who was concerned about the 52% of Americans who are diabetic, pre-diabetic and carbohydrate intolerant as regards the fat caps and the exclusion of science available — even in 2015 — on low carb, higher fat diets, then Sec. Vilsack stated in 2015:

“The review process goes through a series of mechanisms to try to provide an understanding of what the best science is, what the best available science is and what the least biased science is, and it’s a series of things: the Cochrane Collaboration, the Academy of Nutrition and Dietetics, the aging for health care equality, data quality, all part of the Data Quality Act (2001 under Clinton Admin). That’s another parameter that we have to work under, Congress has given us direction under the Data Quality Act as to how this is to be managed.”

On a further point of contention in 2015, Vilsack stated the following as a definition of how “preponderance” works.

Vilsack said (2015): “In some circumstances, you have competing studies, which is why it’s important to understand that this is really about well-informed opinion. I wish there were scientific facts. But the reality is stuff changes. The key here is taking a look at the preponderance. The greater weight of the evidence. If you have one study on one side and you have 15 on another side, the evidence may be on this side with the 15 studies. That’s a challenge. That’s why we do this every five years to give an opportunity for that quality study to be further enhanced so that five years from now maybe there are 15 studies on this side and 15 studies on this side. It’s an evolving process.”

During a recent dairy checkoff yearend news conference with reporters, DMI CEO Tom Gallagher answered a question about consumer health attitudes and checkoff research targets for 2021. Whole milk was never mentioned in the question, but here is Gallagher’s answer as he, too, cites the “preponderance” criteria:

Gallagher said (2020): “Our research plan (for 2021) is very robust at our centers. The primary research that we focus on is whole milk because we are, number one, the only group to be pushing the research on whole milk and taking it to the scientific community so the scientific community does more research because the Dietary Guidelines will never change until the preponderance – not the best – evidence, but the preponderance of the research is in favor of whole milk. We’re helping to move that needle to that point.”

I looked up the legal definition of this ‘preponderance of the evidence’ phrase, this standard for the DGAs as determined by Congressional statute. It is clear that DMI’s assertion of building a mountain of evidence is not needed to achieve a preponderance, according to the legal definition.

According to the law.com legal dictionary, ‘preponderance of the evidence’ is a lower burden of proof than other evidentiary burdens. It only requires a better than 50% chance that it’s true! 

In fact, the law.com definition states “Preponderance of the evidence is based on what is the more convincing evidence and its probable truth or accuracy NOT on the amount of evidence.” An example is given where one credible witness outweighs a pile of other evidence! It’s not the amount of research, then, it is the more convincing in terms of probable truth.

The word preponderance itself means “quality or fact of being greater in number, quantity, OR importance.” Yes, importance and quality can trump quantity to achieve preponderance!

Mountain-building is a stalling tactic by the left hand of industry and government, while their combined right hand is moving the goal post. (In fact, mountain-building is futile because the USDA structure on Dietary Guidelines has not allowed new evidence to be considered on certain dietary fiction it deems as settled science. There are fancy ‘mechanisms’ that have kept credible science out of the equation in 2015 and again in 2020).

Who are the attorneys advising USDA and dairy checkoff as to the meaning of “preponderance of the evidence?” Could it be Mr. Vilsack, an attorney by trade, going from USDA Secretary to top-paid DMI executive and back again potentially as the next Ag Secretary? 

Clearly, Mr. Vilsack and his colleagues at DMI are fond of citing “preponderance” as a stalling tactic for fat flexibility in the DGAs. But contrary to Gallagher’s point during this yearend news conference, the legal definition of “preponderance of evidence,” really does mean the BEST evidence can trump the MOST evidence.

It’s not about which theory has the most evidence, but which one has the best and most convincing evidence. This definition suggests that you don’t need 15 studies on one side to match 15 studies on the other side. To add flexibility on school milk choice or to reverse the saturated fat caps set at 10% of calories, a mountain of evidence is NOT needed, and a lot of good and convincing evidence keeps getting excluded from the process anyway.

The saturated fat question and the casting aside of research feels like being forced to doggy paddle in an olympic swimming competition.

The problem is agenda and bias. Who is standing up for producers and consumers?

Ahead of the 2015 DGA cycle, scientists and investigative journalists, like Nina Teicholz, exposed the weak scientific basis for Dr. Ancel Keys’ diet-heart hypothesis that these DGAs have been built on for over 40 years. Not to mention the many studies back then that were buried, once Keys became the dietary darling, and not to mention all of the newer studies that show saturated fat is not the health demon it has been made out to be, and in fact is necessary in diets to prevent chronic diet-related illness.

Here’s a look at where nutrition science is going next.

Yes, they have moved the goal post via climate change. And yes, they are telling us that consumers are more concerned about climate change after Covid-19.

Basing DMI’s 2021 plan assertions on a Kearney report (April 2020), Gallagher said: “Covid-19 has made people more hyper-sensitive to things, like the environment. 58% of consumers are more concerned about the environment since Covid, and 50% want companies to respond to climate change with the same level of urgency as responding to the pandemic.”

When asked where consumers ranked health in that particular survey — given a recent report on CNBC business news about corporations trying to get consumer ‘buy-in’ on sustainability benchmarks and finding the only way to achieve it is to link sustainability to health.

You guessed it. Gallagher was ready with the answer.

“Sustainable nutrition is the phrase you’re going to hear going forward. You’re going to see those two things inextricably tied,” he replied during the yearend and look ahead news conference by phone.

We recall in October 2019, Gallagher telegraphed a message during the 53rd World Dairy Expo that the dairy checkoff simply accepts waiting another five years until 2025 (not the current cycle) as the year that the saturated fat caps could be reversed. The 2020 DGA committee was only just partway into the process back in Oct. 2019 with a whole year of work ahead — and already the head of dairy checkoff was being quoted in the Oct. 14, 2019 Hoard’s article broadcasting that the fat issue could likely happen by the NEXT DGA cycle (2025), not this one (2020).

Gallagher further indicated in that Oct. 2019 Hoards article that the “forest” must be “populated with more trees.” (Again this idea that preponderance is based on the amount of studies, not the importance or reliability of the studies and not acknowledging that half the trees in that so-called forest are being ignored by USDA and the DGA committee — screened out of consideration at the outset. Not one of the checkoff or ag commodity group was standing up for producers and consumers on this score at the START of the 2020 DGA cycle, nor the finish).

However, we now know that the new goal post will be entrenched by 2025: ‘Sustainable nutrition’ will be the new phrase, the new goal post, according to Gallagher’s response during the December 2020 news conference.

Make no mistake about this: As much as the sustainability overlords talk about farmers being paid to plant cover crops (most already plant cover crops after corn harvest) or to recover nutrients and methane through other practices and technologies, paying for offsets and dilution of animal foods in diets are two strategies already on deck. We heard a little of this also during the December 2020 news conference as Gallagher and DMI president Barb O’Brien talked about how their partners are getting into ‘competitors’ (fake dairy lookalikes) because when a family of four comes in to eat, one may want a new taste experience, and DMI partners have to provide that ‘new experience’ to keep from losing the entire family.

DMI is working for its corporate partners like Nestle and Starbucks, both giving the DMI Innovation Center’s Net Zero Initiative up to $10 million over multiple years to pilot sustainable technologies and practices on dairy farms.

Gallagher described the situation this way: “Health, taste, price – those things are still important, but as more and more companies are offering things that are competitive, what we’re seeing people saying is ‘Well, I’m going to look at sustainability as a difference maker in who I purchase from and what I purchase,’” he said.

“The days of 10 to 15 years ago — where things like sustainability were believed to be made up by retailers for marketing — are over,” Gallagher added.

“Everyone gets it. We are past that. The beautiful part is the U.S. dairy industry has the best sustainability story in the world to tell, and we’re telling it,” he said.

As promised, a follow up email provided more details on Gallagher’s whole milk research assertion, stating: “Dairy farmers have been funding research led by National Dairy Council on the role of whole milk dairy foods and wellness for over a decade. In fact, around 70 studies have been published, adding to the growing body of evidence indicating that consuming dairy foods, regardless of fat content, as part of healthy eating patterns is not linked with risk of heart disease or type 2 diabetes. The paradigm shift to more fat flexibility in the dairy group is already happening in the real world as demonstrated through the many actions of consumers and thought leaders.”

Three research items were specifically mentioned in the email — all published within the past 6 to 24 months:

1) A Science Brief: Whole and reduced-fat dairy foods and cardiovascular disease. Upon following the link published January 17, 2019, we find it begins as a regurgitation of 2015-20 Dietary Guidelines with all references to dairy qualified as ‘low-fat and fat-free’, but then goes on to discuss: “Emerging research also indicates that saturated fat intake on its own may be a poor metric for identifying healthy foods or diets.” A downloadable PDF summarizes this “emerging” research on dairy fat at: Science Brief: Whole and Reduced-Fat Dairy Foods and CVD | U.S. Dairy

2) Posted in Sept. 2019 is this resource where National Dairy Council’s Dr. Greg Miller talks about “landmark shifts” and states that, “As the research continues to grow, a preponderance of evidence (exists linking milk, cheese and yogurt, regardless of fat level, with lower risk of chronic diseases like type 2 diabetes and cardiovascular disease. This one is found at: Ask Dr. Dairy: Can Whole Milk-Based Dairy Foods Be Part of Healthy Eating Patterns? | U.S. Dairy

3) The third item posted June 2020 in connection with DMI’s Dietary Guidelines comment talks about dairy consumption lowering risk of high blood pressure and diabetes and cites a study that, “indicates there may be room for fat flexibility in peoples’ dairy group choices to include dairy foods like milk, cheese and yogurt – at a variety of fat levels – as part of healthy eating patterns in the U.S. and worldwide.”

We can see the tight rope being walked, hinging everything on this idea of slowly building a mountain of evidence as though this is the definition of what is needed to fulfill the “preponderance” standard. But as we know from the legal definition, the amount of evidence is not what’s important, but rather what is credible and convincing. The available evidence is already preponderant. Whole milk, at 41% of market share, has grown by leaps and bounds over the past two years, and is now the largest selling product in the milk category because consumers are convinced. In the past two years, they have moved toward choosing health instead of allowing the government to choose for them — at least when they CAN choose.

Thinking on the many topics that were part of the fairy checkoff yearend news conference, some clear themes take us into the new year in terms of the 2021 dairy checkoff plans.

Gallagher, O’Brien and Hershey talked about “moving milk” differently because of Covid, of working in Emergency Action Teams to unify the supply chain with these top priorities in mind: 

1) Feeding food insecure people, 

2) Responding to climate change

3) Developing a deeper and closer relationship with Amazon into e-commerce and milk portability, and 

4) Developing tools and promotions for corporate partners.

On the latter, Gallagher was proud to give the example of DMI’s funding for Domino’s “contactless delivery” in Japan during the early days of Covid. He said this partner (named as Leprino, DFA and Domino’s) would not have been in a position to move so much pizza cheese when the pandemic hit the U.S. had it not been for DMI’s funding of that contactless delivery innovation first in Japan and then used here.

(Contactless delivery is used by almost every restaurant doing takeout today in the Covid era. It simply means ordering and paying online, texting when arriving, and having your food placed in your car. Not rocket science.)

Since 2008, DMI and USDA — through Vilsack-era Memorandums of Understanding — have a hand-in-glove relationship on GENYOUth and Sustainability. DMI works for its partners and has adopted a role for itself as global supply-chain integrator — the prime mover of milk.

Increasingly, there is the sense that the dairy checkoff bus has morphed into a ride for its key partners, while rank-and-file producers keep paying the fare, just hoping for a lift.

Look for more yearend checkoff review in a future edition of Farmshine.

WHOLE Milk gets results too important to ignore!

By Sherry Bunting, Republished from Farmshine, Friday, August 7, 2020

BROWNSTOWN, Pa. —  One school in Pennsylvania had the courage to just do it.

For the 2019-20 school year beginning in September, they conducted a trial that simply offered the choice of whole milk and 2% next to the required fat-free and 1% to middle and high school students daily for breakfast and lunch. They did not promote the trial or call attention to it, just waited to see how students would react and what their responses would be.

The results are too important to ignore!

Within a short time of expanding the milk choices last September, students were choosing whole milk 3 to 1 over low-fat milk.

In January, four months into the trial, they found that allowing students to choose from all varieties of milk fat levels increased overall milk consumption by 65% and reduced milk waste by 95%.

Just before schools closed in March due to the pandemic, students were surveyed to learn what they had to say about their milk consumption behavior. Here’s a sampling: 60% said they had thrown away milk in the past before the trial, but only 31% said they had thrown away milk AFTER the whole milk trial.

Only half the students said they were aware of the restrictions on what type of milk could be offered at school.

Incredibly, the percentage of teens at this school who said they were choosing milk at breakfast before the trial was 67%, after expanding milk choices to include whole milk, 80% were choosing milk at breakfast.

All of this data and more in just seven months at a middle school and high school in Pennsylvania. We are withholding the name of the district and its foodservice director to shield their identity from potential backlash due to the USDA rules on fat content of purchased ala-carte “competing” beverages.

The foodservice director who set up the trial, with the support of the school board, states that students have now tasted the difference. Now that the school is using the intermediate unit as the vendor for packaged pickup meals and can only make 1% milk available, the kids are asking: “Where’s the Whole milk?”

“I am 100% convinced that most parents do not know about all that is going on with the school meals programs,” the Pennsylvania school foodservice director said. She is letting them know about the Dietary Guidelines and school nutrition rules so they can become aware and perhaps be led to be involved.

The official public comment period on the 2020-25 Dietary Guidelines Advisory Committee’s Scientific Report has ended. USDA and HHS are using the DGA Report to finalize the next five years of Dietary Guidelines.

To bring the choice of whole milk back to schools, contact your representatives in Congress to cosponsor House Bill 832 Whole Milk for Healthy Kids and Senate Bill 1810 Milk in Lunches for Kids. Also, contact school boards and other governmental and non governmental organizations and ask them to consider adopting resolutions in support of this choice.

Learn more about how to take action at this link. A sample board resolution is on the second page. Schools that adopt resolutions should email 97wholemilk@gmail.com to be added to the list and also let their Congressional delegations in Washington know they support HR 832 and S. 1810. https://www.97milk.com/wp-content/uploads/TakeAction_092820.pdf

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