The Misleading Labels of "Dairy-Free" and "Non-Dairy"

Ava Steiner '22 ~ January 2022

Over a third of Americans are lactose intolerant. 6.1 million Americans are allergic to milk. Almost 1.5 million people in America are vegan, a number which is rapidly increasing. This means that the amount of products made without milk is also increasing.

Most consumers who have cut dairy out of their diet most likely buy foods labeled “dairy-free” and “non-dairy.” But, believe it or not, these labels do not guarantee the absence of milk.

The term “dairy-free” does not have any regulatory definitions according to the FDA, although false claims are not allowed. Despite that, some small companies have been caught labeling foods as "dairy-free" when they contain milk. The products may have had low or no lactose, or they could have been free from milk but still contained dairy derivative products like milk caseinates or whey. Most often, "dairy-free" products do not contain dairy, but it is safest to read the list of ingredients in the rare case that they do.

The other commonly used term, “non-dairy,” does have regulations by the FDA that actually allow dairy. "Non-dairy" labeled food can legally contain milk protein, also known as caseinate. Coffee creamers are frequently labeled "non-dairy" even though a main ingredient is milk protein, a popular example being Nestle’s “non-dairy” Coffee-Mate. People with dairy allergies are usually still sensitive to and can have reactions to milk protein, so it is again important to read the ingredients list.

What does this mean for consumers? For now, it means closely examining the labels of the products you buy. Changing FDA regulations is a long and tedious process. Currently, the FDA is preoccupied trying to take the words “milk,” “cheese,” and “yogurt” off plant-based products at the request of the dairy industry, rather than taking “non-dairy” and “dairy-free” labels off dairy products to protect consumers.

Title Photo: “Organic almond milk and almonds” by rawpixel.com, Pxhere, CC0 1.0