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posted by Fnord666 on Saturday December 14 2019, @04:18PM   Printer-friendly
from the slow-roasting-grills-of-justice dept.

A federal judge on Tuesday roasted Arkansas' law banning makers of meatless meat products from using words such as "burger," "sausage," "roast," and "meat" in their labeling.
[...] Judge Kristine Baker, of the US District Court for the Eastern District of Arkansas, granted a preliminary injunction that prevents the state from enforcing the law while the legal case is ongoing. In her order, Judge Baker made clear that the law appears to violate the Free Speech Clause of the First Amendment—as Tofurky argued. She determined that the state will likely lose the case.
[...] "The State argues that Tofurky's labels for its plant-based products are inherently misleading because they use the names and descriptors of traditional meat items but do not actually include the product they invoke, including terms like 'chorizo,' 'hot dogs,' 'sausage,' and 'ham roast,'" Judge Baker noted. Such misleading or false labels would not be protected commercial speech under the First Amendment, the state claimed.

But Judge Baker essentially called that argument bologna.
[...] She went on to cite a ruling in a similar case that determined that "Under Plaintiffs' logic, a reasonable consumer might also believe that veggie bacon contains pork, that flourless chocolate cake contains flour, or that e-books are made out of paper."

"That assumption is unwarranted," she went on. "The labels in the record evidence include ample terminology to indicate the vegan or vegetarian nature of the products."
[...] Meat and dairy industry groups have been increasingly working to try to limit the use of terms like "milk" and "meat" in other states and contexts as meatless and diary-free products continue to grow in popularity. Missouri, Mississippi, Louisiana, and South Dakota have similar anti-veggie-meat labeling laws. In Wisconsin, lawmakers have considered banning non-dairy products from using the word "milk," such as beverages labeled almond milk.

The latter issue led former FDA commissioner Scott Gottlieb to quip last year that "You know, an almond doesn't lactate." He said that the Food and Drug Administration is working on a guidance for the use of the term.

https://arstechnica.com/science/2019/12/judge-serves-up-sizzling-rebuke-of-arkansas-anti-veggie-meat-labeling-law/
Previous Stories:
https://soylentnews.org/article.pl?sid=19/12/04/1425220
https://soylentnews.org/article.pl?sid=19/07/07/1443201
https://soylentnews.org/article.pl?sid=18/02/26/2315236


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  • (Score: 3, Insightful) by barbara hudson on Saturday December 14 2019, @05:33PM (18 children)

    by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Saturday December 14 2019, @05:33PM (#932079) Journal
    I agree with limiting the use of milk to dairy products because almond milk is a fraud - one almond per carton and people will think this is a healthy substitute for real milk for babies.

    Same as if you want to label something as fruit juice it has to contain 20% real juice, otherwise it's fruit drink, and doesn't have to contain any fruit juice. Stupid parents buying juice boxes with as much real juice as Koop-aid.

    As for the rest, labels saying it's vegetarian or vegan are sufficient.

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  • (Score: 2, Informative) by Anonymous Coward on Saturday December 14 2019, @07:21PM (1 child)

    by Anonymous Coward on Saturday December 14 2019, @07:21PM (#932119)

    uhh i think milk can mean the "drinkable squeezings"?

    https://www.merriam-webster.com/dictionary/milk [merriam-webster.com]

    • (Score: 0) by Anonymous Coward on Sunday December 15 2019, @02:03AM

      by Anonymous Coward on Sunday December 15 2019, @02:03AM (#932239)

      Milk of Magnesia... Beyond Milk?

  • (Score: 0) by Anonymous Coward on Saturday December 14 2019, @07:51PM (3 children)

    by Anonymous Coward on Saturday December 14 2019, @07:51PM (#932136)

    Human Babies shouldn’t be drinking cows milk (assuming that is what you mean by “milk” here).

    • (Score: 3, Interesting) by barbara hudson on Saturday December 14 2019, @09:12PM

      by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Saturday December 14 2019, @09:12PM (#932163) Journal

      Stop pushing Nestle's bullshit about baby formula being better. It's not. In cases where the mother's milk is high levels of DDT and lead (yes, we are still dealing with those), cow's / goat's milk is better than breast milk.

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    • (Score: 0) by Anonymous Coward on Sunday December 15 2019, @03:07AM (1 child)

      by Anonymous Coward on Sunday December 15 2019, @03:07AM (#932255)

      That's a bold claim relating to nutirtional needs of an infant, care to provide some credentials, or are you practicing without a license?

      • (Score: 0) by Anonymous Coward on Sunday December 15 2019, @06:04AM

        by Anonymous Coward on Sunday December 15 2019, @06:04AM (#932316)

        And yet I don't see you taking issue with the other person saying that babies shouldn't be drinking almond milk.

  • (Score: 3, Insightful) by dry on Sunday December 15 2019, @03:23AM (4 children)

    by dry (223) on Sunday December 15 2019, @03:23AM (#932259) Journal

    Throw out 800 years of accepted usage due to someone fraudulently calling water with an almond added almond milk? Perhaps better to have a rule similar to the one you propose for juice.
    According to wiki, actually their citation at https://web.archive.org/web/20181230085351/https://www.foodinsight.org/whats-in-a-name-types-of-milk-dairy-nondairy-alternatives-consumer-research [archive.org] 75%+ understand that plant based milks don't contain dairy and 90% understand that whole milk refers to cows milk. The only really confusing one seems to be lactose free milk.
    Seems education might be better then trampling on freedom to use common words in their common way.

    • (Score: 2) by barbara hudson on Sunday December 15 2019, @03:55AM (3 children)

      by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Sunday December 15 2019, @03:55AM (#932275) Journal

      Almond milk is a fraud. One almond in a carton is not "almond milk". Same as you can't call ice milk ice cream. Not enough milk fat content.

      BTW - milk doesn't only come from cows. Try goat milk - it's quite tasty. And it still qualifies as milk because it's produced from mammals, not plants.

      And I didn't "propose" a rule for juice - it's the actual law. Must be real fruit juice or it can't be called fruit juice - hence the labelling "fruit drink". AKA flavoured sugar water.

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      • (Score: 2) by dry on Sunday December 15 2019, @04:54AM (2 children)

        by dry (223) on Sunday December 15 2019, @04:54AM (#932293) Journal

        Yes, it does sound like almond milk is a fraud, though the American courts refused an injunction based on false advertising. Sadly it seems pretty popular despite the low amount of protein, I guess people think it is a nut.
        Seems almond milk dates from the 12th century, and in English, the word milk has also referred to plant based milks since about the same time, with almond milk being popular during religious fasts.
        I don't really like any animal milk, cows milk doesn't agree, goats is too gamey, at least what I have had. Have had cheeses from various animals, camel, water buffalo, sheep, goat and cow at least, they're all good if aged. Never tried pigeon milk.
        As for the fruit juice law, seems we need similar for almond milk along with a warning that it is not suitable for infants.

        • (Score: 0) by Anonymous Coward on Sunday December 15 2019, @08:51AM (1 child)

          by Anonymous Coward on Sunday December 15 2019, @08:51AM (#932331)

          Never tried pigeon milk.

          There is a reason for that. Involves mammilaries. Look them up, but do not look at them, directly, too much.

  • (Score: 2) by Freeman on Monday December 16 2019, @06:41PM (6 children)

    by Freeman (732) on Monday December 16 2019, @06:41PM (#932950) Journal

    Milk isn't an acceptable substitute for babies, either. Mothers who can't produce enough milk for their children should definitely look into Formula solutions for their baby.

    Why should I wait until my baby is at least 12 months old to introduce cow's milk?

    Babies can't digest cow's milk as completely or easily as breast milk or formula. Cow's milk contains high concentrations of protein and minerals, which can tax your baby's immature kidneys.

    Cow's milk doesn't have the right amounts of iron, vitamin C, and other nutrients for infants. It may even cause iron-deficiency anemia in some babies, since cow's milk protein can irritate the lining of the digestive system, leading to blood in the stools. Finally, cow's milk doesn't provide the healthiest types of fat for growing babies.

    https://www.babycenter.com/0_cows-milk-when-and-how-to-introduce-it_1334703.bc [babycenter.com]

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    • (Score: 2) by barbara hudson on Wednesday December 18 2019, @02:41AM (5 children)

      by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Wednesday December 18 2019, @02:41AM (#933551) Journal

      That's bullshit. Almost all babies can digest 50% cows milk no problem. Same as almost all babies can digest 100% mother's milk no problem.

      Your citation is from a web site owned by Johnson and Johnson. They sell baby formula via Mead Johnson. Don't depend on them telling the truth when their paycheque demands they lie.

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      • (Score: 2) by Freeman on Wednesday December 18 2019, @03:44PM (4 children)

        by Freeman (732) on Wednesday December 18 2019, @03:44PM (#933749) Journal

        Or you could listen to the NHS:

        First infant formula (first milk) should always be the first formula you give to your baby.

        The cows' milk in formula contains 2 types of proteins – whey and casein. First infant formula is based on whey protein which is thought to be easier to digest than other types of formula.

        Unless a midwife, health visitor or GP suggests otherwise, first infant formula is the only formula your baby needs. Your baby can stay on it when you start to introduce solid foods at around 6 months and drink it throughout their 1st year.
        [...]
        Types of milk to avoid

        Not all milk is suitable for feeding babies. You should never give the following types of milk to a baby under 1 year:

                condensed milk
                evaporated milk
                dried milk
                goats' or sheep's milk (but it's fine to use them when cooking for your baby, as long as they are pasteurised)
                other types of drinks known as "milks", such as soya, rice, oat or almond drinks
                cows' milk as a drink (but it's fine to use it in cooking)

        https://www.nhs.uk/conditions/pregnancy-and-baby/types-of-infant-formula/ [www.nhs.uk]

        Then there's the Mayo Clinic as well:

        Commercial infant formulas are regulated by the Food and Drug Administration (FDA). Three major types are available:

                Cow milk protein-based formulas. Most infant formula is made with cow's milk that's been altered to resemble breast milk. This gives the formula the right balance of nutrients — and makes the formula easier to digest. Most babies do well on cow's milk formula. Some babies, however — such as those allergic to the proteins in cow's milk — need other types of infant formula.

        https://www.mayoclinic.org/healthy-lifestyle/infant-and-toddler-health/in-depth/infant-formula/art-20045782 [mayoclinic.org]

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        • (Score: 2) by barbara hudson on Thursday December 19 2019, @12:23AM (3 children)

          by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Thursday December 19 2019, @12:23AM (#934007) Journal
          Generations have drunk cows milk with no problems. Also, couldn't help notice that your first quote is full of shit because it isn't fact-based:

          First infant formula is based on whey protein which is thought to be easier to digest than other types of formula.

          Too much medical advice is based off manufacturers advertising handouts to doctors. One good example is antidepressants - after more than 60 years, still no independent proof that they actually work, and in most cases they're no better than a placebo - but with more side effects.

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          • (Score: 2) by Freeman on Thursday December 19 2019, @04:19PM (2 children)

            by Freeman (732) on Thursday December 19 2019, @04:19PM (#934224) Journal

            Use of a wet nurse, “a woman who breastfeeds another's child” (Davis, 1993, p. 2111), was a common practice before the introduction of the feeding bottle and formula. Wet nursing began as early as 2000 BC and extended until the 20th century. Throughout this time period, wet nursing evolved from an alternative of need (2000 BC) to an alternative of choice (950 BC to 1800 AD). It became a well organized profession with contracts and laws designed to regulate its practice. Despite objections during the Middle Ages and the Renaissance, wet nursing continued until the feeding bottle was introduced in the 19th century. With a feasible alternative feeding method available, wet nursing as a profession quickly declined to extinction.
            [...]
            The use of animal's milk for infant feeding is noted as far back as 2000 BC. Since then, alternative milk sources have evolved to include the synthetic formulas of today. The use of artificial feeding substances grew rapidly and was significantly influenced by advertising campaigns. This had a profound negative effect on breastfeeding trends, despite research that revealed many discrepancies between breastfed and artificially fed infants (Greer & Apple, 1991; Wolf, 2003). Although artificial or formula-feeding of infants is presently much safer than it has been in decades, breastmilk is still considered the best source of infant nutrition (Leung & Sauve, 2005).
            [...]
            In the 18th century, the first chemical analyses of human milk and animal's milk began to appear. Jean Charles Des-Essartz published his Treatise of Physical Upbringing of Children in 1760, which discussed and compared the composition of human milk to that of the cow, sheep, ass, mare, and goat. Based on chemical characteristics, Des-Essartz justified human milk as the best source of infant nutrition. With mother's milk as the ideal, many scientists tried to formulate nonhuman milk to resemble human milk (Radbill, 1981). In 1865, chemist Justus von Liebig developed, patented, and marketed an infant food, first in a liquid form and then in a powdered form for better preservation. Liebig's formula—consisting of cow's milk, wheat and malt flour, and potassium bicarbonate—was considered the perfect infant food (Radbill, 1981).
            [...]
            Research suggests that breastfeeding prevents adverse health conditions, whereas formula-feeding is linked with their development. This evidence confirms breastfeeding is still the best source of infant nutrition and the safest method of infant feeding.

            https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2684040/ [nih.gov]

            If your child is under 1 year old, you should not feed your baby cow's milk, according to the American Academy of Pediatrics (AAP).

            Cow's milk does not provide enough:

                    Vitamin E
                    Iron
                    Essential fatty acids

            Your baby's system cannot handle the high levels of these nutrients in cow's milk:

                    Protein
                    Sodium
                    Potassium

            It is also hard for your baby to digest the protein and fat in cow's milk.

            To provide the best diet and nutrition for your infant, the AAP recommends:

                    If possible, you should feed your baby breast milk for at least the first 6 months of life.
                    You should give your baby only breast milk or iron-fortified formula during the first 12 months of life, not cow's milk.
                    Starting at age 6 months, you may add solid foods to your baby's diet.

            If breastfeeding is not possible, infant formulas provide a healthy diet for your infant.

            Whether you use breast milk or formula, your baby may have colic and be fussy. These are common problems in all babies. Cow's milk formulas usually do not cause these symptoms, so it may not help if you switch to a different formula. If your baby has ongoing colic, talk with your health care provider.

            https://medlineplus.gov/ency/article/002448.htm [medlineplus.gov]

            Breastmilk is the #1 best source of food for an infant. #2 best source is forumla. #3 better than starving to death source is animal milk.

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            • (Score: 2) by barbara hudson on Thursday December 19 2019, @05:44PM (1 child)

              by barbara hudson (6443) <barbara.Jane.hudson@icloud.com> on Thursday December 19 2019, @05:44PM (#934267) Journal
              Read your own post. 4000 years of using other mammals milk prices there's no problem. Also, humans can certainly eat mush well before 6 months. My oldest was gumming Cheerios to death before 2 months. Really, go raise a couple of infants and stop believing shit that is obviously false in the face of real life facts.
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              • (Score: 2) by Freeman on Thursday December 19 2019, @09:09PM

                by Freeman (732) on Thursday December 19 2019, @09:09PM (#934365) Journal

                #1 You assume I've not raised my own. #2 Just because people have done something for a very long time, doesn't mean it's best. #3 I like modern science. Air conditioning, Antibiotics, Vaccines, Infant Formula, etc.

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                Joshua 1:9 "Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee"