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!”

-30-

NYC Mayor leaves chocolate milk on school menu, ‘for now’

FARMSHINE EDITOR’S NOTE:  There is nothing simple about school milk today. Now there are three federal bills pending. One would legalize the options of whole and 2% flavored and unflavored milk in schools, one would restore just the 1% low-fat flavored milk option in schools, and now a third bill, a new one, would mandate that all schools offer at least one low-fat (1%) flavored milk option. At the state level in Pennsylvania, there’s also a whole milk in schools bill that recently passed the State House in a near-unanimous vote and is being considered by the State Senate as reported last week in Farmshine. Furthermore, a New York State Assemblyman has introduced a bill similar to the PA bill in the NY legislature. This week, however, the spotlight is on New York City schools as Mayor Eric Adams had proposed elimination of all flavored milk options.

Istock Photo (PC Yobro10)

By Sherry Bunting, published in Farmshine, April 22, 2022

NEW YORK CITY — A proposed chocolate milk ban appears to be on hold in New York City schools. The April 17 New York Post reported NYC Mayor Eric Adams has “backed off” on his system-wide chocolate milk ban, while seeking USDA’s blessing to offer non-dairy alternatives.

The article cited a letter from the mayor to USDA, noting Adams will leave the flavored milk option up to the individual NYC schools — “for now.” 

Adams, who publicly follows a ‘mostly vegan’ lifestyle, who launched Vegan-Friday in NYC schools in February, and who sought to ban flavored milk in schools during his previous tenure as Brooklyn borough president, now says he is holding off on the chocolate milk ban and is seeking more input on school food and beverage options, overall.

The International Dairy Foods Association (IDFA) applauded the news in a press release Tuesday (April 19). 

“The USDA school meal standards and the federal Dietary Guidelines for Americans both support serving low-fat (1%) flavored milk in schools,” the IDFA statement reads. It also pointed out that flavored milk processed for schools today contains 50% less added sugar and fewer calories than 10 years ago, so it meets Mayor Adams’ plan for school beverages to be under 130 calories.

National Milk Producers Federation (NMPF) also issued a statement thanking in particular U.S. Representatives Antonio Delgado (D-NY) and Elise Stefanik (R-NY) “for their advocacy in support of continued flexibility for schools to serve children healthy milk and dairy products that benefit their growth and development.”

Mayor Adams’ pause on the flavored milk ban came after nine of New York’s 27 members of the U.S. Congress signed a bipartisan letter in March urging him not to implement the ban. The letter was initiated by U.S. Congressman Antonio Delgado, a New York Democrat who is the prime cosponsor of Pennsylvania Republican Congressman G.T. Thompson’s Whole Milk for Healthy Kids Act, H.R. 1861. 

In the letter, the lawmakers noted that two-thirds of current school milk sales nationwide are low-fat (1%) flavored milk. In NYC, all flavored milk is currently fat-free. The lawmakers noted that the proposed flavored milk ban would go against the mayor’s stated goals of improving childhood nutrition and health.

“As members representing both rural and urban communities, we are committed to supporting the dairy farmers, producers and agriculture partners across New York, while also ensuring that children in NYC schools have access to critical, life-enhancing nutrients. Unfortunately, for many NYC families, the meals children receive in schools are their only source of many recommended nutrients,” the bipartisan letter stated.

The letter also pointed out that members of Congress from New York and across the country are supporting expanding — not restricting — the access to milk and flavored milk choices in schools. The letter mentioned the bipartisan Whole Milk for Healthy Kids Act (H.R. 1861 with 93 cosponsors from 32 states) and the bipartisan School Milk Nutrition Act (H.R. 4635 with 44 cosponsors from 21 states). 

H.R. 1861 would end the federal prohibition of flavored and unflavored whole and 2% milk in schools. H.R. 4635 would simply restore by statute the option of low-fat 1% flavored milk so it can’t be restricted to fat-free by USDA edict.

“Both (bills) expand flavored milk options in school lunchrooms and have received support from members of the New York Congressional delegation on both sides of the aisle. We strongly urge you to continue offering children the choice of flavored milk each and every day in New York City schools,” NY members of Congress conveyed to Mayor Adams in the letter.

New York Republican Congresswoman Elise Stefanik also introduced the lastest federal school milk bill, H.R. 7070, the Protecting School Milk Choices Act. The ink isn’t even dry on this one, which has three cosponsors from Long Island, western New York State and Iowa. It would require, not simply allow, schools to offer at least one low-fat (1%) flavored milk option.

“A silent crisis is gripping our nation’s schoolchildren. In a typical school year, more than 30 million students of all ages rely on school breakfast and lunch for their daily recommended intake of critical nutrients,” wrote Keith Ayoob in an April 11 New York Daily News editorial. The associate professor emeritus at the Albert Einstein College of Medicine in the Bronx served over 30 years as director of the nutrition clinic for the Children’s Evaluation and Rehabilitation Center. 

“As a clinician working with mostlylow-income, minority families for more than 30 years, I’ve taken thousands of dietary histories on children. I can tell you that for many, a school meal is by far the healthiest meal they will consume on any given day. For some kids, sadly, these are their only meals,” Ayoob stated.

He reported that more than 60% of children and teens are not meeting their needs for calcium, vitamin D and potassium, which are three of four ‘nutrients of concern,’ and that eliminating flavored milk from NYC school meals would cause childhood nutrition to further deteriorate. 

Yes, children should not eat excess added sugar, wrote Ayoob, but “small amounts can be useful… to drive the consumption of nutrient-rich and under-consumed foods.” He cited flavored milk and yogurt as two examples of how to beneficially “spend the few added sugar calories.”

The Richard B. Russell National School Lunch Act of 1946 has long upheld milk’s unique nutritional package, allowing substitution only if it is “nutritionally equivalent to fluid milk and meets nutritional standards established by the Secretary, which shall, among other requirements, include fortification of calcium, protein, vitamin A and vitamin D to levels found in cow’s milk for students who cannot consume fluid milk because of a medical or other special dietary need…” 

In addition, there is a section of this law that prohibits restriction of milk sales in schools. It states: “A school that participates in the school lunch program under this Act shall not directly or indirectly restrict the sale or marketing of fluid milk products by the school (or by a person approved by the school) at any time or any place — (i) on the school premises; or (ii) at any school-sponsored event.”

In its press release thanking parents, physicians, dieticians and members of Congress for speaking up, IDFA cited the results of a Morning Consult survey it had commissioned. 

The survey found 90% of New York City voters with children in public schools and 85% of parents nationwide supported offering the option of low-fat (1%) flavored milk in school meals. This means parents don’t want a ban on flavored milk, and they don’t want their children’s flavored milk choices restricted to fat-free.

As reported in the March 11 Farmshine, this survey also found that 58% of NYC parents and 78% of parents nationwide selected as most nutritious the whole milk and reduced-fat (2%) milk options that are currently prohibited in schools by the federal government, whereas only 24% of NYC parents and 18% of parents nationwide selected the low-fat (1%) and fat-free milk options that are currently allowed in schools. 

In fact, when asked what milk they “selected” as “most nutritious for them and their families,” the top pick of parents was whole milk at 34% of NYC parents and 43% nationwide; followed by reduced-fat (2%) milk at 24% and 35%; low-fat (1%) milk at 12% and 11%; and fat-free milk at 12% and 7%.

Among NYC parents, 9% selected ‘other,’ and 9% were unsure or had no opinion. Among parents, nationwide, 3% selected ‘other,’ and 1% were unsure or had no opinion.

Why do parental choices matter? Because children consume two out of three meals a day at school for a majority of the year.

How did we get here?

The Congress under a Democrat majority in 2010 passed the Healthy Hunger Free Kids Act that called for aligning government feeding programs, like school lunch, even more closely to the Dietary Guidelines for Americans (DGAs). 

Then, in 2012, the Obama-Vilsack USDA promulgated rules to outright ban whole and 2% reduced-fat unflavored and flavored milk as well as 1% low-fat flavored milk as “competing beverages” across all schools. USDA documents note that this move was based on information from an industry school wellness program that had touted three-a-day fat-free and low-fat dairy, reporting those schools that had voluntarily restricted the higher fat milk options were doing better in meeting the constraints of the Dietary Guidelines. 

Never mind the fact that the Dietary Guidelines Advisory committees admit their espoused fat-restrictive dietary patterns leave all age groups deficient in key nutrients of concern. 

During the first school year of the USDA whole and 2% milk prohibition (2012-13), which also saw all flavored milk restricted to fat-free status, USDA’s own study showed student selection of milk declined by 24%, and milk waste in schools increased 22% across two categories. That’s a double-whammy.

In 2017, the Trump-Perdue USDA provided regulatory flexibility to schools, allowing them to offer low-fat 1% flavored milk through a waiver process. This flexibility was reversed in 2021 by a court decision noting USDA erred by not providing adequate public comment before providing the new flexibilities on milk, sodium and whole grains. 

With the Coronavirus pandemic emerging in 2020, closing schools and creating supply chain challenges, USDA had implemented emergency flexibilities for school offerings.

Recently, the Biden-Vilsack USDA announced a transitional final rule for the 2022-23 and 2023-24 school years. In this rule, USDA recognized that post-pandemic schools “need more time to prepare” to meet the DGAs on fat (milk), sodium and whole grains. 

According to USDA, the Department is reviewing thousands of stakeholder comments received in March 2022 and expects to release updated child nutrition program standards in July 2022, which would then become effective for the 2024-25 school year and beyond.

USDA also announced on Friday (April 15) the opening of the next 5-year Dietary Guidelines cycle with a brief 30-day public comment period ending May 16 to weigh-in on proposed scientific questions that will guide the entire 2025-30 DGA process. Stay tuned.

-30- 

I am thankful for the folks who push for whole milk choice

And I am thankful, perhaps most of all, for the strong and stubborn big heart of retired agribusinessman and dairy advocate Bernie Morrissey.

By Sherry Bunting, Farmshine Editorial, April 15, 2022

Among the dairy bills moving in the Pennsylvania House and Senate, one rising to the top is the Whole Milk for Pennsylvania Schools Act

What appears to be a fast rise has really been the product of a long and exhausting process for those who have worked on and reported on the issue of school milk and school meals over the past 10 to 15 years.

Six years ago, the issue began heating up, and U.S. Congressman G.T. Thompson (R-15th) introduced his Whole Milk for Healthy Kids Act for the first time. Two legislative sessions later, that bill, H.R. 1861, still awaits action by the House Committee on Education and Labor, having 93 cosponsors from 32 states as of April 13.

A little over three years ago, a grassroots whole milk education movement was launched by volunteers and donations after Berks County dairy farmer Nelson Troutman painted a round bale, which led to the formation of the Grassroots PA Dairy Advisory Committee and 97 Milk LLC.

The painstaking process of working to pry federal bureacrats’ hands off the allowable school milk offerings for children has been ongoing and exhausting.

Now there is the Pennsylvania State bill, HB 2397 Whole Milk for Pennsylvania Schools, authored by State Representative John Lawrence, introduced with 36 cosponsors on March 17 and passed by the State House on April 13.

The progress would not be happening without volunteers — especially the tireless efforts of Bernie Morrissey. At 85, he doesn’t have to be doing any of this. He has shown that he cares about the future for dairy farmers in Pennsylvania, and as a grandfather and great-grandfather, he cares about school milk choices. He has continually worked to get the word out about the whole milk prohibition issue.

USDA’s own pre- and post-prohibition survey showed the significant decrease in students selecting milk and the increased throwing away of milk served — in just the very first year (2012) of the complete restriction of milk choices to be only fat-free or 1% low-fat. More recent studies show it has only gotten worse.

Dairy farmers have lost a generation of milk drinkers, and Class I fluid milk sales have declined even more dramatically since the federal ban.

In the pages of Farmshine, we’ve brought you the news each step of the way. The Dietary Guidelines debacle has been covered for over 10 years. The Congressional bills have been covered. The findings of investigative science journalist Nina Teicholz have been covered, and so much more.

Since Dec. 2018, Farmshine has covered the emerging story of Nelson’s painted round bale, how it got noticed and how that led to questions from neighbors, how more bales were painted, how Bernie took it to another level making banners and yard signs, paying to print some up and distributing them and asking other agribusiness leaders to do the same, and how folks in other states are making an impact also in the movement to get the message out of the pasture and onto buildings and by roads everywhere they can.

We’ve reported on Bernie’s efforts to do political fundraisers at the grassroots level — giving farmers and agribusiness leaders opportunities to join him in supporting lawmakers who care about these issues.

We’ve reported on the major ‘Bring Whole Milk Back to School’ petition drives (30,000 strong), visits with lawmakers, the progress of the 97 Milk education effort, and so forth.

All along the way, there have been fence-straddling skeptics parsing their words. Just one example came recently after Nelson received the Pennsylvania Dairy Innovator Award during the Dairy Summit in February. That evening, one state official said to me that he “never had a problem” with the whole milk signs, but he was quick to add that he didn’t like the way the painted bales and signs only promoted whole milk, when all milk should be promoted.

Yes, all milk should be promoted, but let’s face facts here. For the past 10 to 15 years, the mandatory dairy checkoff promotion programs have not promoted whole milk. They have repeatedly used the terminology “fat-free and low-fat milk” — in lockstep with USDA bureaucrats. They even promoted the launch of blended products where real milk and plant-based fakes were combined to make what was called a “purely perfect blend.” 

“Three-a-day low-fat and fat-free” has been the mantra. 

Some dairy princesses have even confessed being afraid to tout whole milk, others have pushed the boundaries. Some have picked up the 97 Milk vehicle magnets for their personal vehicles while towing-the-line on the fat-free / low-fat wording in their “official” capacity as princesses. 

Let’s face it, the industry has used farmers’ own mandatorily-paid checkoff funds to drill USDA’s low-fat and fat-free milk message into the minds of consumers.

Someone had to start thinking outside the box if a solution to this issue was ever going to get outside the box.

Volunteers have now taken up the slack to promote whole milk, and they are moving the needle. In fact, the whole milk movement is so successful even Danone’s new fake brand – NextMilk — is trying to capitalize by using whole milk’s signature red and white cartons and placing “whole fat” above the brand name. What does that tell us?

Now, as the Whole Milk in Schools bill gains ground in the state of Pennsylvania, we see some who are trying to pour cold water on the passion and progress by suggesting that the state bill, which uses the PA Preferred framework to assert state’s rights, could lead to retaliation by other states to try harming demand for Pennsylvania-produced milk.

This is intimidation. Bullying. We see the same argument every time efforts are made to close loopholes that keep the state-mandated Pennsylvania over-order premium from getting to Pennsylvania dairy farms as the law intended. We hear that Pennsylvania milk will be discriminated against if co-ops and processors can’t continue dipping into the premium cookie jar. 

Now, it appears the same intimidation angle is being applied to HB 2397, which defines the option of whole milk in schools as pertaining to milk that is paid for with Pennsylvania or local funds and produced by cows milked on Pennsylvania farms. The bill has no choice but to use the PA Preferred framework because it is defining a role for state action on a federal prohibition.

Remember the June 2021 Pa. Senate Majority Policy Committee hearing on ending the federal prohibition of whole milk in schools? At the end of that hearing, State Senators in attendance were interested in doing statewide school milk trials like the one done temporarily at two school districts in Pennsylvania two years ago “under the radar.” (In one trial offering all fat levels of milk, whole milk was preferred by students 3 to 1; student selection of milk increased 52% and the amount of discarded ‘served’ milk declined by 95%!)

Key lawmakers began to show stronger interest in finding a way to give schools this option and have them collect data about student consumption and not get penalized by USDA and the Dept. of Education in the process. HB 2397 does that!

A major reason why interest is surging for this bill is because more people are coming to the realization that this prohibition exists. Prior to the 97 Milk education effort, most parents, citizens, even lawmakers, did not realize whole milk is outright banned in schools, even banned as an a la carte beverage! That goes for 2% reduced fat milk also, by the way. 

HB 2397 is about choice. There is no mandate here. None, whatsoever. Just freedom for students to make a healthful choice that they are presently denied.

The Commonwealth of Pennsylvania has a state’s interest on two critical fronts: 1) Dairy farming is essential to our economy and 2) The health of our children and freedom of choice are of the utmost importance. Students receive two out of three meals at school during a majority of the year.

Shouldn’t states and schools and parents decide milk choices instead of federal bureaucrats? Shouldn’t children get to choose the best milk our farmers produce if that’s what they’ll drink and love and benefit from? Why should they be forced to choose only the industry’s leftover skim?

Bottom line, these are times to be bold and brave.

These bills are for the children and for the farmers.

As a mother and grandmother, and dairy enthusiast, I am thankful for all who are working to move these bills forward. I am thankful for the opportunity to work with so many people who care about this issue. I am thankful for the work of 97 Milk and the Grassroots PA Dairy Advisory Committee. I am thankful for the support of the Pa. Farm Bureau, Pa. Dairymen’s Association, Pa. Farmers Union, and other organizations supporting the Whole Milk in Pennsylvania Schools Act.

I am thankful for the agribusiness leaders making contributions to help farmers and other whole milk education volunteers get the message and milk facts out there. I am thankful for the 30,000 people who signed online and mailed in petitions on this issue two and three years ago. 

I am thankful for Pennsylvania lawmakers who are being bold and leading — bringing their colleagues along in a bipartisan way so that more states can be encouraged to do the same.

I am thankful for all who are standing up for our dairy farmers and our children. 

And I am thankful, perhaps most of all, for the strong and stubborn big heart of retired agribusinessman and dairy advocate Bernie Morrissey. He continually looks for every possible avenue to help dairy farmers be at the table to speak up about the policies that affect their futures. He knows what it means to them, and to children, to someday — hopefully soon — have the choice of whole milk in schools.

 -30-

Constitutionality defended as HB 2397 Whole Milk in PA Schools Act passes House 196-2

Rep. John Lawrence defends constitutionality of HB 2397 before near-unanimous House passage https://s3.us-east-2.amazonaws.com/pagopvideo/825289108.mp4

Dairy bills, including whole milk in schools, pass overwhelmingly in Pa. State House — all eyes to Senate now

By Sherry Bunting, republished from Farmshine, April 15, 2022

HARRISBURG, Pa. —  It was a good day in the Pennsylvania State Capitol Wednesday (Apr. 13) when a series of dairy bills, including the Whole Milk in Pennsylvania Schools Act, were overwhelmingly voted for final passage, now heading to the State Senate for concurrence.

In final passage of HB 2397 (The Whole Milk for Pennsylvania Schools Act), the vote was nearly unanimous 196 to 2. The bill was circulated in February via cosponsors memo to colleagues and was formally introduced March 17 by Reps. John Lawrence and Clint Owlett with 36 cosponsors in March.

Meanwhile, the Senate’s identical version, SB 1181, was introduced by Sen. Michele Brooks (R-Greenville) with 16 cosponsors on March 30, the day the House bill passed the Ag Committee. The Senate version also received unanimous support in the Senate Ag Committee as in the House and the SB 1181 received second consideration and was re-referred to Appropriations Tuesday (April 12) just before spring recess. A vote is expected when the Senate reconvenes in May.

The bill’s author Rep. John Lawrence (R-Chester County) spoke eloquently to defend the constitutionality of HB 2397 before the vote on the House floor. He cited extensive case law and U.S. Supreme Court decisions showing HB 2397 “passes mustard” and does not run afoul of the supremacy clause, the interstate commerce clause, the 10th amendment of the Constitution or the 1946 Richard B. Russell National School Lunch Act.

The wording of the enabling Richard B. Russell School Lunch Act clearly puts the federal government in the position of “assisting” states, not overtaking them in providing a nutritious school lunch, said Lawrence.

Lawrence chose to make these remarks, citing many relevant Supreme Court decisions on different aspects, to be sure the record reflected this information even though the bill had overwhelming support from colleagues in the House. He said he did so because of the criticism on constitutional grounds coming from outside of the chamber and wanted the verbal record to reflect this information for the press to hear, because they likely wouldn’t read it all if he submitted it for the journal of record.

Lawrence thoroughly and methodically defended its constitutionality, even though the bill already had broad bipartisan support for near-unanimous passage.

“Some in the press contend that this law will run into problems with the Court on the interstate commerce clause,” said Lawrence. On this point, he cited Court decisions that apply in instances where it is based on economic protectionism, whereas HB 2397 is based on a factor completely unrelated to economic protectionism.

“Does this bill burden out of state milk producers? Pennsylvania is not creating a prohibition on milk produced out of the state. One can argue that the federal government has done that,” he explained. “HB 2397 does not discriminate against out-of-state milk. It is adding options, not limiting them. It is giving Pennsylvania schools assurance that they can spend Pennsylvania or local funds for Pennsylvania whole milk. It is the federal government — not Pennsylvania — that has drawn this whole milk line. And the bill makes provisions that if the federal measures again fully smile upon whole milk, then the statute created by House Bill 2397 will sunset.”

Even if 2397 did discriminate, Lawrence cited decisions of the Court that it is valid if for a purpose that cannot be adequately served by reasonable non-discriminatory alternatives. “In this case we do have a valid factor that is totally unrelated to economic protectionism,” said Lawrence, noting that there are at least four valid factors. They are:

1) The primary intent here is to provide nutrient-rich whole milk to the young minds of Pennsylvania school children.

2) It’s the longstanding intent of this body that maintaining our small herd dairy farms is good for the general welfare of the state, said Lawrence: “Many draw a straight line between milk consumption over the last 10 years and the removal of whole milk from schools. There is evidence to back up this claim. The loss of Pennsylvania dairy farms is not solely economic”

3) Parents should have options when it comes to the care of their children, and nothing is more basic to that, than food. “It is indisputable that many reliable studies from top-tier research institutions show the value of whole milk for children who choose to consume it,” said Lawrence.

4) There is a movement toward sourcing consummables closer to their end use. Milk produced and processed in Pennsylvania and sold to a Pennsylvania school is almost always going to have less environmental impact.

A vote in the State Senate is not expected until May when the Senate reconvenes. Back in June 2021, the Senate Majority Policy Committee held a hearing on the federal prohibition of whole milk in schools. I was honored to be among those testifying. (Click here to view hearing here)

Two additional bills introduced by Rep. Lawrence — HB 223 and 224 — received unanimous final passage votes also on Wednesday and were committed to the Senate for concurrence.

HB 223 provides for the creation of keystone opportunity dairy zones to facilitate the economic development of Pennsylvania’s dairy industry through tax credits and incentives for new and expanded dairy processing.

HB 224 provides additional authority to the Pennsylvania Milk Marketing Board to collect and distribute board-established premiums through a milk marketing fund, including other provisions such as auditing.

Also passing the Pa. State House by an overwhelming margin Wednesday were HB 1847, introduced by Rep. Christina Sappey (D-Kennett Square), HB 2456, introduced by Rep. Marci Mustello (R-Butler), and HB 2457, introduced by Rep. Joe Kerwin (R-Schuylkill Haven). HB 1847 would change the name of the Pennsylvania Milk Marketing Board to simply the Pennsylvania Milk Board. HB 2456 provides for expansion of penalties in lieu of suspension, and HB 2457 expands PMMB authority to set testing certification fees.

To be continued in Farmshine next week

Tackling school milk at state level: Rep Lawrence introduces whole milk bill, HB 2397, in PA House with 31 cosponsors

John Lawrence speaking to farmers at a winter meeting two weeks before he introduced HB 2397 Whole Milk for Pennsylvania Schools with 31 cosponsors.

By Sherry Bunting, Farmshine, March 25, 2020

HARRISBURG, Pa. — The Whole Milk for Pennsylvania Schools Act, H.B. 2397, has been officially introduced in the State House by author and prime sponsor State Representative John Lawrence (R-13th). 

Introduced with 31 cosponsors on March 17, the bill is now “pending” in the House Agriculture Committee. This is one of three dairy bills Lawrence has introduced this year.

The provisions of H.B. 2397 would become effective 30 days after passage and would include state notification of all Pennsylvania schools to alert them to the state’s provisions for the purchase and offering of whole milk and reduced fat milk to students, so long as this milk is produced by cows on Pennsylvania farms, bottled in Pennsylvania processing facilities and paid for with state or local funds.

According to Lawrence, there is broad support for the bill in the State House, and he has received favorable responses from members of the State Senate. He has heard from schools, organizations and individuals applauding the tenets of this bill over the past several weeks since circulating his cosponsor letter to colleagues.

When asked recently about the bill, Rep. Lawrence said he was tired of waiting for the federal government to act on this issue of ending the federal prohibition of whole milk in schools. 

After thinking about the dilemma for some time, he had what he described as divine inspiration a couple months ago to structure the bill as an “intra-state” jurisdiction under the 10th Amendment of the U.S. Constitution.

In fact, he thanks God for that inspiration to approach the bill as one that enables schools to voluntarily make choices and structure the voluntary provisions as being a wholly Pennsylvania deal.

“We have jurisdiction on this,” he states.

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, Lawrence explains.

Specifically, the bill would allow Pennsylvania school boards to utilize funds from state or local sources to obtain whole Pennsylvania milk or reduced fat Pennsylvania milk to provide or sell at a Pennsylvania school. 

In the bill, Pennsylvania whole milk is defined as at least 3% fat and Pennsylvania reduced fat milk is defined as 2% fat. They are further defined as “produced by the milking of cows physically located within the geographic boundaries of this Commonwealth, transported to a dairy processing facility located within the geographic boundaries of this Commonwealth, and processed as fluid milk into containers intended for distribution to consumers.”

The bill would also require the Secretary of Education to notify the superintendent or chief administrator of each Pennsylvania school to inform them of the provisions of the Act within 30 days of passage.

Further, the bill sets forth in Section 6 the right of civil action if any federal agency interferes by withholding or revoking school funds.

Specifically, this section would require the Office of Attorney General, on behalf of a Pennsylvania school, to bring a civil action against the federal government or any other entity to recover funds withheld or revoked as a result of an action taken by the school board to make Pennsylvania whole milk and 2% reduced fat milk available as choices under the “intra-state” — not interstate — provisions of the Act.

The bill also seeks a status report to the chairpersons of the House and Senate Ag Committees – no later than two years after passage. The report would be given by the Secretary of Education in consultation with the Secretary of Agriculture and the Pennsylvania Milk Marketing Board (PMMB).

This report would provide a list of Pennsylvania schools that have elected to provide or sell Pennsylvania whole milk and 2% milk, the approximate increase or decrease in the overall consumption of fluid milk at Pennsylvania schools after the effective date, and the actions taken by the Commonwealth to promote whole milk and 2% milk availability in Pennsylvania schools.

The Whole Milk for Pennsylvania Schools Act, H.B. 2397, includes an expiration section that would require the Secretary of Education to submit notice if/when Congress repeals sections of law pertaining to the National School Lunch Act that currently prohibit these milk offerings in schools or at such time that an update to the Dietary Guidelines has been published — that in either case would effectively end the federal prohibition of whole milk in schools and make these choices available nationally again.

Joining Pennsylvania State Rep. Lawrence as cosponsors of the Whole Milk for Pennsylvania Schools Act are Representatives Clinton Owlett (R-68th), Martin Causer (R-67th), Donald Cook (R-49th), Jim Cox (R-129th), Lynda Schlegel Culver (R-108th), Eric Davanzo (R-58th), Russ Diamond (R-102nd), Torren Ecker (R-193rd), Melinda Fee (R-37th), Nancy Guenst (D-152nd), Joe Hamm (R-84th), David Hickernell (R-98th), Doyle Heffley (R-122nd), Robert James (R-64th), Barry Jozwiak (R-5th), Robert Kauffman (R-89th), Ryan Mackenzie (R-134th), Steven Mentzer (R-97th), David Millard (R-109th), Brett Miller, (R-41st), Eddie Pashinski (D-121st), Tina Pickett (R-110th), Greg Rothman (R-87th), David Rowe (R-85th), Louis Schmitt (R-79th), Brian Smith (R-66th), Perry Stambaugh (R-86th), James Struzzi (R-62nd), Ryan Warner (R-52nd), and David Zimmerman (R-99th).

Lawrence said H.B. 2397 was intentionally numbered so that ‘97’ would be part of the bill number, reflecting the whole milk education efforts of the 97 Milk movement.

“I feel like we are going to see this bill get to the finish line for our Pennsylvania school children and our dairy farmers,” says Bernie Morrissey, chairman of the Grassroots PA Dairy Advisory Committee which organized petition drives with large numbers of  Pennsylvanians signing to support similar legislation at the federal level — Congressman G.T. Thompson’s Whole Milk for Healthy Kids Act.

“We can try to save everyone — and have been trying to do that for several years on this issue. But now, it’s time to focus on Pennsylvania. We can get this done in Pennsylvania and be a leader. This bill is brilliant, and a lot of people are grateful to John Lawrence for writing it,” Morrissey added.

“This is more confirmation of how important whole milk education is,” said 97 Milk chairman Gn Hursh, noting that as consumers have become aware of the benefits of whole milk and the federal prohibition in schools, they are joining farmers to seek these options for their children in schools.

In fact, two recent surveys show more parents choose whole milk and 2% milk for their families. A national Morning Consult survey for IDFA showed 78% of parents of school aged children believed whole milk or 2% milk to be most nutritious for their families. A national food preference survey for YouGov showed 53% of parents prefer whole milk for their children and only 23% preferred fat-free and 1%. 

USDA’s own data show a 24% decline in students selecting milk in the first year after the whole milk ban went into effect in 2012 and a 22% increase in discarded milk on top of that! It has only become worse since then. A recent school trial in Pennsylvania revealed a 52% increase in students selecting milk and a 95% reduction in discarded milk when students had an expanded choice that included whole milk. In that trial, students preferred whole milk 3 to 1 over the skimmed varieties.

Bottomline, milk’s unsurpassed nutritional benefits are only realized by students if they choose milk and actually consume it. 

Pennsylvania Farm Bureau is supporting H.B. 2397, according to Rep. Lawrence. “They called within an hour of seeing the cosponsor letter and said this has their full support,” he said.

PFB, along with members of the Grassroots PA Dairy Advisory Committee and 97 Milk, also testified in support of ending the federal prohibition of whole milk in schools during a Senate policy hearing in June 2021

Previously, the Pennsylvania Milk Dealers, Pennsylvania Dairymen’s Association and various other industry organizations have been on record supporting Congressman Glenn Thompson’s bill at the federal level, so the same should hold true for this bill at the state-level.

Stay tuned as the State of Pennsylvania buckles down to tackle the federal prohibition of whole milk in schools… let’s keep the momentum going.

-30-

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. 

Rep. Lawrence to introduce bill for Whole Milk in PA Schools

Rep. John Lawrence (right) talked about the Whole Milk in Pennsylvania Schools Act, which will soon be formally introduced in the State House. He was joined by (l-r) Bernie Morrissey, chairman of the Grassroots PA Dairy Advisory Committee, Nelson Troutman, 97 Milk Baleboard originator, Kelly Bliss, Huntingdon Co. Dairy Princess, and Crystal Bomgardner, Pa. Alternate Dairy Princess from Lebanon Co. Photo credit: Linda Gilbert

Dairy farmers hear ‘whole’ story: The 97 Milk effort and Pa. State Rep. Lawrence’s new bill

By Sherry Bunting, published in Farmshine, Feb. 25, 2022

BERRYSBURG, Pa. — A bill will soon be introduced in the Pennsylvania State House that would allow Pennsylvania schools to offer the choice of whole milk. The author of the Whole Milk in Pennsylvania Schools Act is Rep. John Lawrence. He circulated a cosponsors letter a few weeks ago.

On Monday, Feb. 21, Lawrence talked about House Bill 2397 at an annual dairy day here at the Berrysburg Community Center in Dauphin County, Pa. The event, attended by over 100 producers and 30 vendors, was hosted by Great Creatures Veterinary Service as a customer appreciation luncheon and workshop.

Berks County dairy farmer Nelson Troutman — initiator of the ‘Drink Whole Milk 97% Fat Free Baleboards’ — was invited by veterinarian Dr. Joy Lenker to talk about the bale art and the progress of the whole milk education movement.

Bernie Morrissey, chairman of the Grassroots PA Dairy Advisory Committee, joined Troutman during his presentation, and they introduced Rep. Lawrence to share the good news about the Pennsylvania whole milk bill.

Lawrence, who represents parts of Lancaster and Chester counties, said he expects to officially introduce the bill with prime cosponsor Clint Owlett, representing Tioga County, when the Pennsylvania General Assembly returns to session in Harrisburg in a few weeks.

During a recent Farmshine phone interview, Lawrence confirmed that his cosponsor memo generated “good support” among colleagues and supportive responses from Pennsylvania Farm Bureau, several other farm organizations, some schools, and most importantly, from dairy farmers, who tell him they are “very grateful.”

Lawrence is concerned about dairy farmers across the state. He has been advocating for them for many years in the General Assembly. He has proposed several bills in the past on other issues related to the PMMB, over order premium distribution, and milk check transparency. Some that passed the House, did not get considered by the Senate before expiring.

“We have had some wins and some setbacks over the years,” said Lawrence. “But this whole milk bill is something I believe will get done. I think there is a lot of support for it and a lot of truth to what the farmers say — that they are losing a whole generation of milk drinkers. There are schools in Pennsylvania that want to provide this choice of whole milk for the kids.”

Lawrence said the bill is structured to deal with this as a state-level issue.

“We want the federal government to address this, to end their prohibition of whole milk in schools, but it has been quite a while now, and they are not addressing it… So we are going to see if we can address it for Pennsylvania,” he affirmed, adding that more details about the bill will be forthcoming when it is formally introduced.

In his cosponsor letter, Lawrence wrote that “due to federal regulations enacted under the Obama Administration, whole (3.25 %) and reduced fat (2%) milk are not served in schools today. Speak with any school cafeteria worker, and they will tell you students are not fans of skim milk. Speak with any dairy farmer in Pennsylvania, and they will tell you that this ill-fated federal directive of removing whole milk from schools is a top concern.”

He also cited studies about the amount of milk wasted at school.

In fact, the federal government did a before-and-after study comparing plate waste in 2011 vs. 2013 to gauge their 2012 ‘nutrition standards’ that reduced the allowable fat content in milk to fat-free or 1%, even for a la carte competing beverage options. This early USDA study showed an immediate 24% reduction in students selecting milk at school and a 22% increase in discarded milk among students who were served the required skimmed milks. 

Subsequent studies show the situation has only worsened over the past decade.

Lawrence’s cosponsor letter explains the mechanics of the state’s interest under the tenth amendment of the U.S. Constitution. 

The memo states: “In the near future, we will introduce the Whole Milk in Pennsylvania Schools Act. This legislation will ensure Pennsylvania students, at Pennsylvania schools, have the option to consume Pennsylvania whole and two percent reduced fat milk paid for with Pennsylvania tax dollars.”

Morrissey said this is welcome news for dairy farmers and the state’s dairy industry, not to mention for the schoolchildren.

He and Troutman were glad to be able to share the good news at the dairy day in Berrysburg.

Troutman showed the Channel 39 public television news video that aired two years ago featuring Troutman and Jackie Behr, marketing manager for the 97 Milk effort, as they explained how the movement got started and what was being accomplished at the start.

He updated attendees to where things are today as 97 Milk celebrated the start of its fourth year this month.

“There is so much to say, but we kept it light,” said Troutman in a phone interview. “I told them about the Pennsylvania Senate hearing back in June, how our committee testified about bringing back the choice of whole milk in schools. Senator Scavello (representing Monroe and Northampton counties) really liked the information on the 6 x 6 card Jackie Behr put together, telling what whole milk provides. I gave him one before the hearing, and he read it two times to be sure it was in the record.”

Troutman confessed he had no idea his painted round bale would lead to a milk education effort with a website, 97milk.com bringing increasing numbers of daily traffic, and social media platforms with monthly average reach of over 300,000 people, as well as some individual posts showing data reaching one million people. He thanks Behr and the 97 Milk board for that, and he thanks Farmshine for telling the story, so other farmers could get involved and bring their ideas.

“It is a team effort,” Troutman confirmed. This teamwork is helping get more cosponsors for the Whole Milk for Healthy Kids Act in Washington. The bipartisan bill was introduced in March 2021 by Rep. G.T. Thompson (R-PA) and Rep. Antonio Delgado (D-NY). It currently stands at 88 cosponsors from 31 states.

The teamwork also led to a 30,000-signature petition, multiple comment drives in USDA rulemaking, speaking engagements with ag and non-ag service groups, and a Pennsylvania school trial demonstrating a 52% increase in students selecting milk and a 95% reduction in discarded milk when students had the option of whole milk, with post-trial surveys showing whole milk was preferred 3 to 1 over low-fat 1% milk.

“I am a positive person, but after that Pa. Milk Marketing Board listening session in Lebanon three years ago, seeing we didn’t get anywhere on some things, I went home feeling like I lost my best cow. That’s the best I can describe it. I thought that listening session was going to break things open, but it didn’t,” Troutman told fellow farmers Monday. “I thought I had to do something, anything, so I painted a bale, and yes, well, this is what happened.”

He observed that one of the biggest things is how this movement is energizing dairy farmers, and agribusiness partners are joining in. There’s a renewed purpose.

“This opened people’s eyes. We finally have a way to promote whole milk, and that is spreading to other states, and we even hear from people in other countries,” Troutman said.

“It’s positive news. We need positive news, and the consumers, they want positive news too. They want to know about milk. We didn’t have a way to promote whole milk… until now. We lost a generation of milk drinkers, and we have to make up for that,” said Troutman. “I saw ADANE just did a webinar on whole fat dairy and mentioned the New Jersey Academy of Pediatrics and Nutrition. I didn’t get to watch it, but this is icing on the cake. We have to keep this going because we are finally starting to get somewhere, in the right direction.”

Nelson Troutman talks about the whole milk education effort and  97milk.com   Photo submitted

Comments due March 24: Ask USDA to end its prohibition of whole milk in schools, give students milkfat choice

Photo credit (Top) USDA FNS website screen capture from https://www.fns.usda.gov/building-back-better-school-meals and (bottom) fat-free flavored milk and fat-free yogurt on a local school lunch tray.
Screen capture and lunch tray photo S.Bunting

By Sherry Bunting, published Farmshine, Feb. 18, 2022

WASHINGTON — As reported in the Feb. 11 Farmshine, USDA announced a ‘transitional standards’ rule on Feb. 4 for milk, whole grains, and sodium for school years 2022-2023 and 2023-2024. 

The transitional standards are only in place while USDA works with stakeholders on long-term meal standards through a new rulemaking. 

The proposed rule for the longer-term is expected to come from USDA in fall 2022 and will become effective in school year 2024-25. It will be based on the Dietary Guidelines for Americans 2020-2025, but USDA says it is conducting a public comment and review process related to the standards and to the “gradual implementation” plan it will develop based in part on stakeholder input. 

In the official transitional standards rule, USDA notes that full implementation of its 2012 meal pattern requirements for milk, grains and sodium have been delayed at intervals due to legislative and administrative actions. “Through multiple annual appropriations bills, Congress directed USDA to provide flexibility for these specific requirements.” 

Read the transitional standards rule here at https://www.regulations.gov/document/FNS-2020-0038-2936 where a comment button can be clicked to provide a public comment to USDA by March 24, 2022.

Now is the time to comment before March 24, 2022 and to call for an end to the prohibition of whole milk in schools. Request that USDA restore the choice of whole milk in schools by commenting at the online rulemaking portal https://www.regulations.gov/commenton/FNS-2020-0038-2936

Comments and questions can also be sent to: Tina Namian, Chief, School Programs Branch, Policy and Program Development Division—4th Floor, Food and Nutrition Service, 1320 Braddock Place, Alexandria, VA 22314; telephone: 703-305-2590. 
Include FNS-2020-0038-2936 in your correspondence. 

In a rare move Feb. 7, the American Association of School Superintendents (AASA) made a public media statement on the transitional standards — pointing out their concern that the long-term standards will be ‘more stringent’ due to the restrictive Dietary Guidelines that were approved by USDA and HHS in 2020. 

The Association of School Superintendents stated: “It is important to acknowledge that healthy meals are only healthy if students eat them.” 

Agreed! This applies to the milk also. Students miss out on 21 minerals, 13 vitamins, complete high quality protein, a healthy matrix of fat and several nutrients of concern when they don’t actually consume the milk offered or served at school. Those nutrients ‘on paper’ are then not realized. Many key nutrients of concern are also fat-soluble. A study at St. Michael’s Children Hospital, Toronto, showed children consuming whole milk had 2.5 to 3x the Vit. D absorption compared with those consuming low-fat milk, and they were at 40% less risk of becoming overweight! Details were presented in a June 2021 hearing in the Pennsylvania Senate, listen here

Milk consumption plummeted and waste skyrocketed since USDA’s 2012 fat-free/low-fat milk rules were set for both ‘served’ milk and competing a la carte offerings. Studies by USDA and others show milk is now one of the most discarded items at school. In fact, USDA did a plate waste study comparing 2011 to 2013 (pre-/ and post-change) They focused on fruits and vegetables, but saw milk decrease significantly, waiving it off as though it were due to an “unrelated policy change.” Technically, it was the smart snacks rules for beverages and it WAS related to the 2012 standards as both were implemented together.

See the losses in Tables 2 through 4 below in ‘selection’ and ‘consumption’ of milk from the USDA study reflecting a 24% reduction in student selection of milk (offer vs. serve) after the 2012 fat-free/low-fat implementation and 10 to 12% reduction in consumption among those students being ‘served’ or selecting the restricted fat-free/low-fat white milk option or fat-free flavored milk option. That’s a double whammy for childhood nutrition and for dairy farm viability. Since 2012, at least one generation of future milk drinkers has been lost.

Charts above are from a USDA study published in 2015 to assess school meal selection, consumption, and waste before and after implementation of the new school meal standards in 2012. Those standards impacted a la carte offerings as well as beverages, not just served meals. The method for the USDA study was: Plate waste data were collected in four schools in an urban, low-income school district. Logistic regression and mixed-model ANOVA were used to estimate the differences in selection and consumption of school meals before (fall 2011) and after implementation (fall 2012) of the new standards among 1030 elementary and middle school children. Analyses were conducted in 2013. The authors note that prior to the full implementation of new nutrition standards in 2012, a variety of fat levels of milk were offered to students and no restriction upon flavored milks. See the report here —– Additionally, a PA school trial offering all fat percentages, including whole milk, revealed a 52% increase in selection of milk and 95% reduction in discarded milk, netting a 65% increase in consumption of milk in 2019.

-30-

Will DMI’s transformation strategy leave dairy unrecognizable?

It was lights-camera-action… but there were barely 25 people, over half of them media and checkoff representatives, attending the DMI ‘tanbark talk’ on dairy transformation at the World Dairy Expo. On the big screens, joining virtually, was Bob Johansen, an author and strategist talking about “the VUCA” world. He was hired by DMI to work through scenarios of the future to arrive at the transformation model. On the stage from left are Dwyer Williams, DMI chief transformation officer; Tom Gallagher, outgoing DMI CEO; Lee Kinnard, a Wisconsin dairy producer; Peter Vitaliano, NMPF vice president of economic policy and market research; and Eve Pollet, DMI’s senior vice president of strategic intelligence. Taking notes at a table in the foreground — seated to the left of the camera man and light-show operator — is Jay Hoyt, a New York dairy producer who challenged DMI’s “bright” transformation picture saying nothing will be bright about the future for dairy farmers, if we can’t provide and promote cold, whole milk to children.

By Sherry Bunting, Farmshine, October 15, 2021

MADISON, Wis. — A picture of the future of dairy was painted with a boastful sort of “insider” arrogance by dairy checkoff leaders on the second day of the World Dairy Expo during DMI’s ‘tanbark talk’ on transformation. It left me both shocked and uninspired, exasperated.

The very next day, a message of light and inspiration was presented in a meeting hosted by American Dairy Coalition (ADC), talking about inspiring loyal consumers as part of a discussion on the viability of America’s dairy farms in the face of rapidly launching confusion via plant-based and lab-grown lookalikes.

Without necessarily challenging DMI’s assumptions about Generation Z and the “future” of dairy, ADC’s guest speaker, a consumer-packaged-goods expert, painted a different picture. From the marketing surveys shared, it appears that future consumers, those under 23 years old today, are much more apt to be brand loyal than their Millennial parents. 

That’s the hope and light DMI left out of their presentation. DMI is taking their “knowledge” of Gen Z in a different direction.

The question is: Who is inspiring loyalty to milk, whole milk, real milk, real dairy, real beef, real animal protein? Not DMI.

DMI wants to take your checkoff dollars down into the darkness of the gaming world. Their guest speaker and futurist collaborator talked about the Gen Z gamers, the immersive learning, the tik tok generation.

One comment made me cringe. “It’s something parents and grandparents don’t like, but it is good for dairy,” said futurist Bob Johansen about the dark world of gaming that has, in his opinion, claimed the perspectives and choices of the next generation.

Repeating the platitude of “meeting consumers where they are”, the DMI presentation left this reporter in a bit of a shock. Do we really know where consumers are? Who is telling us these things and what is it really based on? So much more enlightening was the next day’s presentation about “inspiring loyalty” by reminding consumers about “what they love.”

I believe most dairy farmers want to inspire consumers to what’s real in life instead of being sucked into the unreal and confusing world of gaming.

Where are my thoughts going and what did you miss in the DMI panel at Expo? Not much, really. I heard the DMI dairy transformation strategist suggest that she “likes saying milk has 13 essential nutrients,” but that she thinks it will be so much “cooler to identify, annotate and digitize the 2500 to 3000 metabolites in milk and then be able to pair them to products and brands in the personalized app-driven diets of the future.”

That’s right folks, DMI paints a picture of future diets digitized by apps and algorithms to match up to the individual metabolic needs and desires of consumers. In other words, they won’t really know WHAT they are consuming, just a mix-and-match of elements as presented by global processing corporations that are “all-in” for this future of food confusion.

DMI is in the self-fulfilling prophecy business. They aren’t meeting consumers where they are. They aren’t inspiring consumers to be better, eat better, and enjoy dairy. They are touting USDA dietary policy to the point that even their fellow GENYOUth board members and collaborators are, in some cases, promoting the competition.

Case in point this week, chef Carla Hall, a longtime board member of GENYOUth, who DMI leaders have touted over the past 10 years, is right now running Youtube videos teaching consumers “how to go plant-based without going vegan.”

And guess what? Hall is targeting milk for the ousting. She promotes almond, oat, cashew etc ‘milks’ and guides consumers on how to replace real milk with these fakes in their diets, their recipes, their lives.

When a Facebook post about Hall’s milk-replacing Youtube videos was posted by a New York dairy producer asking “why is this person on the GENYOUth board?” another dairy producer responded wondering if she really was on the dairy-farmer-founded and primarily funded GENYOUth board.

Yours truly, here, replied on Facebook with a simple “yes she is” accompanied by a link to the listing of GENYOUth board members and a screenshot of the page showing Carla Hall among the GENYOUth board member list. Within a couple hours of my comment on that post, I got a notice from Facebook telling me I had “violated Facebook’s community standards.” They called my comment “fraudulent spam” and deleted it!

Yes, my reply was deleted, and I was warned that if I continued my violation of Facebook’s community standards, action would be taken against me.

Wow, I thought, that’s out of left field, isn’t it? I simply showed the truth with a link and a picture that the plant-based beverage promoter is, in fact, on the GENYOUth board.

Yes folks, DMI wants you to believe that your future viability as dairy farmers relies on playing nice with the plant-based and lab-grown lookalikes – blending in with them – and losing your identity.  After all, they say, just be glad your milk has 2500 metabolites that can be digitized and annotated!

They want you to believe that the gaming industry is “good” for dairy while acknowledging that it’s not so good for kids. They want you to partner in that world of unreality and confusion instead of being an inspiration of clarity and a champion for what’s real.

My question is: Do we want to be a beacon of light and inspire Gen Z? Or do we want to stoop to the level of this dark space to “fit in” or “be cool”.

In that space, are those teens and young adults even listening to our story? Or are we being drowned out by the bells and whistles of gaming as it sucks them in and drags them down. The entire gaming world is full of ambiguity and confusion, but this is what DMI and its futurist say the world is going to be, that it is a VUCA world, and we must accept it.

VUCA stands for volatility, uncertainty, complexity and ambiguity. It’s a sort of catchall phrase for what we all know. Yes, the world is crazy out there!

In that talk, DMI leaders said they hired futurist Bob Johansen to help them look at four models for the future of dairy from a range of possible scenarios. They chose the transformation model, and that is how they are transforming checkoff dollars.

“Accept it,” they say, Mr. and Mrs. Dairy Farmer, you must accept that ambiguous messaging is the name of the game for the future of dairy, one that assigns the attributes you are selling in a mix-and-match environment.

Farmers have been dealing with VUCA forever. We’ve long understood that markets are volatile, the future is uncertain, the industry is complicated, and yes, the world and its direction are certainly ambiguous.

However, must dairy farmers accept and enbrace this ambiguity in the messages they send to consumers about the milk they produce?

Must they tow the line of 3-a-day fat-free and low-fat dairy as the only message of clarity because that is the edict written by USDA in its Dietary Guidelines?

Should they be pursuing the digitization of 2500 milk metabolites as the way to pair dairy with certain brands and products to fit personalized diets and ignore the backdrop of confusion about what real milk and dairy are?

The first rule of marketing 101 is that ambiguous messages don’t work. They leave the impression that there’s nothing special about one choice over another.

But that’s the point for the multinational global corporations, some of which make up the pre-competitive work of DMI’s Innovation Center for U.S. Dairy.

They call it innovation, but it is really subjugation – the act of bringing farmers and consumers under domination and control.

They are asking dairy farmers to give away our precious wholesome true message about milk – especially whole milk — so that processors can mix and match protein sources as they see fit.

Of course, they tell us this is for sustainability’s sake and for saving the planet by keeping diets within planetary boundaries, but we all know the score: It’s about corporate profits and control of food… and land.

We knew that already, didn’t we? The dairy transformation strategy is to be the protein that processors choose to include by being the low-cost producer. 

DMI isn’t interested in promoting whole milk or the nutritional value of whole milk as a superior choice. This is obvious no matter how ardently the outgoing DMI CEO Tom Gallagher repeats the mantra that DMI championed the return to full-fat dairy and whole milk. 

He said this again during the World Dairy Expo discussion when New York producer Jay Hoyt stood up to say none of this “bright” transformation future is going to matter if we can’t promote and provide cold whole milk to kids. Gallagher’s response was that no one would be talking about whole milk if DMI had not been the leader on the full-fat dairy research and whole milk message. (What did I miss?)

The transformation strategy of DMI is to be a versatile, low-cost commodity that can be separated to blend and fit and filter its way into dozens of new products, that it has 2500 metabolites that can be digitized and annotated and then selected for personalized diets offered on iphone apps, that it ‘meets Gen Z where they are’ in the immersive learning world of gaming.

This is a game for sure. But who wins?  Certainly not dairy farmers or consumers.

The transformation strategy has no place for promotion of 100% real whole milk and dairy, nor a clear message about what milk is, what it does for you. No place to remind consumers about why they love milk because they’ve helped over the past decade parrot USDA’s propaganda so that Gen Z doesn’t even know they love milk because they weren’t given whole milk – until grassroots promotion efforts started turning those tables.

If we all stand by and twiddle our thumbs — letting the global corporations make the decisions, control the narrative, bow to activist triggers, and define ‘where our consumers are’– by the time DMI and friends are done with dairy, it will be unrecognizable, without a clear message about the real milk diligently produced on our dairy farms.

-30-

Positive insights on domestic milk promotion: ‘There’s hope. We have work to do.’

By the end of the 3-hour discussion on milk marketing and future viability of U.S. dairy farms, hosted by the American Dairy Coalition on Sept. 30, over 40 people — producers and others from east to west — had flowed into the Monona Room at World Dairy Expo and an estimated 30 people attended online.

By Sherry Bunting, Farmshine, October 8, 2021

MADISON, Wis. – A new and different – essentially vigorous — paradigm in milk marketing and promotion was the focus of an American Dairy Coalition discussion in Madison on Sept. 30th during the 54th World Dairy Expo in Madison, Wisconsin.

Bill Gutrich, senior director of food industry engagement-USA with Elanco Animal Health shared his insights and experience having spent his career in the consumer-packaged goods sector for global brands like Coca Cola, McDonalds and Samsung before coming into animal agriculture three years ago.

“We have a great product and producers do a great job, but we need to increase domestic dairy consumption, specifically,” said Gutrich to an in-person audience of over 50 people (flowing in and out of the Monona Room of the WDE Exhibition Hall). Another 30 people attending virtually online.

The ADC event attracted dairy producer thought leaders from east to west and generated follow up discussion and good questions. ADC CEO Laurie Fischer said the discussion is a starting point and hopes to see allied industries that are committed to animal agriculture join in on the bandwagon to shift the milk message, the animal protein message, in the face of the accelerated barrage of new plant-based and lab-grown lookalikes.

“We need a group such as yourselves to help us move forward,” said Fischer. “We are in this together.”

Using IRI data from DMI, Gutrich sees opportunity in targeting the largest group of most loyal customers — milk-only households — along with the next largest sector of households with both milk and alternatives to remind them why they love milk. ‘Own the why’ instead of getting caught up in the ‘hows’ and ‘whats’ and processes and blends that respond to criticisms from the smallest and least loyal subsets of consumers. 

One statistic Gutrich shared that was quite revealing is that 51% of total sales in the milk section are fluid milk, but only 33% of the retail milk space is devoted to milk. On the other hand, he said, 9% of total sales in the milk section are plant-based non-dairy alternatives, but almost twice the space — 17% of the milk space is devoted to non-dairy alternatives because there are so many varieties.

With so many different brands and variations of non-dairy alternative products coming onto the market and ramping up rapidly, this supply chain effort is essentially crowding out real milk in a manner that is not consistent with true consumer demand.

Likewise, the anti-animal activists are small in number but loud in advocacy. In effect, the gap between perception and reality on messaging as well as shelf-space vs. sales is that smaller sales, smaller numbers flood milk’s space and take positive attention away from milk, but this is not necessarily by consumer choice.

If Gutrich had a magic wand, he’d likely look to make milk competitive in the total beverage market, to reframe the competition and look at milk’s share of all drinks instead of share of the milk aisle. For example, consumers love cold whole milk, so if the message puts that first, then already it is connecting with the most loyal sets of consumers and connecting to their ‘why’ to build growth from that solid point.

When innovation focuses mostly on sustainability, then fewer resources are devoted to getting the message right in connecting with what consumers want.

Bill Gutrich, senior director of food industry engagement for Elanco Animal Health had a positive and hopeful message about focusing on domestic consumption and shifting the milk message to “inspire consumer loyalty to animal protein.”

Gutrich’s insights and discussion are consistent with his role with Elanco engaging the food industry and connecting the food chain. He talks to companies and purveyors, and from those conversations, it’s clear, he said, the people attacking animal agriculture are from the outside, pushing in. They don’t want animal ag to exist, but these are not the people we need to connect with to build loyalty to animal protein.

As the son of a police officer, Gutrich said his personal mission is to elevate the level of respect people have for farmers, much like the efforts elevating respect for our country’s veterans and law enforcement.

He said it comes down to “inspiring consumer loyalty to animal protein.”

Having worked around talented marketers outside of animal agriculture, Gutrich said he has come into the animal protein sector seeing “how we market our beautiful, incredible products to consumers.

“Every dollar starts in the hand of a consumer over the counter,” he said, describing how good marketing starts with the ‘why’, not the ‘what’ and the ‘how.’

“What are the emotional needs you need to connect with?” he wondered aloud. “They will buy the why.”

Using a borrowed analogy of the Craftsman drill, he said the ‘what’ is the buyer wants a hole. The ‘how’ is the drill. But the ‘why’ is they want to do it themselves.

The ‘why’ is what wins customer loyalty and offers the potential for a premium, Gutrich explained, noting that the key is to identify the ‘why’ and attribute it, and then “own it. That’s what great brands do.”

For Starbucks, the ‘why’ is the whole coffee-drinking experience. For Mountain Dew it is the ‘energy.’

In the dairy sector, Gutrich gave the example of Sargento Cheese, where the ‘why’ is ‘The Real Cheese People.’

“What did Kraft do?” he asked. “They labeled their cheese ‘made without hormones.’ What does that have to do with my ‘why’?”

These types of labels introduce something scary to consumers, and it has been proven in surveys and market research that these claims have little to do with their ‘why.’

“What this actually does is undermine their trust in the brand and the category,” said Gutrich, “and in the long run it’s bad for both. People want to think about serving a rich protein food, and we’re talking to them about hormones.”

Good marketing talks about consumers. Bad marketing talks about products and processes, according to Gutrich.

“Loyalty is a feeling,” he said, explaining a successful strategy communicates with consumers about the why, not so much about the process, the sustainability. Yes, sustainability and processes need to be handled, but that’s not connecting with consumers on an emotional level about their ‘why.’

“Own your consumer’s ‘why’, don’t let your critics determine your ‘why,’” he said. “All great brands have critics, but they handle the criticism separately, and keep marketing to why people love them.”

Gutrich gave some vivid emotional-connection examples: “Don’t you love how butter melts on your raisin toast or your cold milk on your cereal?”

In another non-ag example, he showed how Michelin tires own the safety-why, Goodyear owns performance. They keep their whole message consistently on their consumers’ ‘why.’

“Protein is hot,” said Gutrich. “Why aren’t we owning protein?”

The peanut butter brands own protein, and people believe peanut butter to be higher in protein than it is.

“We own protein,” said Gutrich about animal agriculture. “But instead of owning it, we create confusing talking points about the ‘whats’ and the ‘hows’ instead of owning the ‘whys.’”

Gutrich noted that supermarket scanner data show how consumers vote with their dollars, but when producers are told that they must ‘own’ sustainability because 85% of consumers want to see it and want to prioritize climate impact in their food choices, the question becomes, how were those questions asked?

When consumers are questioned with an ‘aided awareness’ style of questioning, of course they will say yes. But that percentage drops to 9% when the question does not include ‘aided awareness.’

Among consumers under 23, the Generation Z, Gutrich shared surveys showing this generation to have a higher overall level of brand loyalty (68%) compared with millennials (40%).

“There’s hope,” said Gutrich.

On fluid milk sales, specifically, he observed the well-known saga of sales decline over time, and the steep decline since 2000, but he has a different perspective on it.

“The dairy industry did this to themselves with over 10 years of ‘buy my milk with no hormones,’” he said. “Instead of focusing on your consumer’s ‘why’, the industry opened this chasm of 13% for milk alternatives to climb in.”

He analyzed domestic consumption figures from 1950 to the present, noting that domestic consumption is the issue, and it’s where the focus most likely should be. When domestic consumption growth is put beside U.S. population growth, the sales growth ultimately shows that dairy has “lost its share of stomach.” This is looking at domestic data only, excluding export sales.

“Ultimately, this means we have work to do,” said Gutrich. “How do we get back to the 1950s?”

Well, there’s no time-machine; however, he had a positive message about this, stressing that the non-dairy alternatives “are not going to take us down. Milk is in almost 95% of households. Let’s worry about our own sales growth and not worry about the alternatives.”

Breaking out the percentages, Gutrich showed that 94% of households include milk, 42% have both milk and alternatives, 3% are exclusively plant-based, and 52% are exclusively milk.

A successful brand would look at that breakdown and say: “We want to grow our loyal customers and go after the people that are closer to the ones that love milk. We want to remind them why they love milk so much.”

But instead, there are all of these triggers in the way and all of these other conversations that move the message away from the consumer’s ‘why,’ – away from the ‘why’ of the loyal or closest to loyal consumers fluid milk can build from.

“If we can continue to do better on these triggers like animal welfare, environment, carbon footprint, that’s fine, but we make it worse by talking a lot about it,” he said. “Get the marketing right. It’s about balance. The packaging dynamics are also amazingly important.”

To be continued