Urges FDA to prohibit labeling of non-dairy products as milk.

2026-2027 Regular Session Introduced by Dawn Fantasia

Urges the FDA to prohibit labeling non-dairy plant-based products as “milk” and to take enforcement action to align labels with the FDA’s milk definition.

Introduced, Referred to Assembly Agriculture and Natural Resources Committee

Purpose and intent

The bill is an Assembly resolution that opposes using the term “milk” on non-dairy, plant-based products.

It urges the U.S. Food and Drug Administration (FDA) to investigate and take action against manufacturers that label non-dairy products as “milk.”

The resolution frames current labeling as misleading to consumers and detrimental to dairy farmers, and requests federal action to enforce the FDA’s milk definition.

Key provisions (substantive provisions)

Section 1: Formal opposition to the use of the term “milk” for non-dairy products. It respectfully urges the FDA to investigate and pursue appropriate action against any manufacturer selling non-dairy products labeled “milk.”

Section 2: Requires copies of the resolution to be transmitted to:

The FDA Commissioner, and
Every member of Congress elected from New Jersey.

Statement of rationale (in the accompanying statement):

Cites FDA’s definition of milk: “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows” (21 C.F.R. 131.110).
Argues that “milk” should be understood as a liquid dairy product from lactating mammals, and that labeling plant-based products as “milk” is inaccurate, misleading, and potentially harmful to consumers and dairy farmers.

Who would be affected

Manufacturers and marketers of non-dairy, plant-based “milk” products (e.g., almond milk, soy milk, oat milk) would face increased regulatory scrutiny and potential enforcement actions if their labels are found to violate FDA labeling definitions.

Dairy industry stakeholders and dairy farmers, who perceive mislabeling as adverse to dairy product branding and market pricing.

Consumers, who may be affected by labeling transparency and the accuracy of nutrition labeling.

Federal level actors (FDA) and members of New Jersey’s congressional delegation, who would receive the resolution and be urged to act.

Procedural and timeline aspects

Action history: Introduced on May 4, 2026; referred to the Assembly Agriculture and Natural Resources Committee.

As a resolution, it serves as an expression of the New Jersey General Assembly’s position and request for federal action rather than establishing state law or regulation.

The resolution does not itself impose penalties or create new regulatory procedures at the state level; its effect is to urge federal enforcement and to signal policy preference.

Notable details

The bill cites health and nutrition context from the Dietary Guidelines for Americans to frame the dairy-plant-based labeling debate, including concerns about nutritional equivalence and impacts on dairy farmers.

Co-sponsor: Dawn Fantasia.

The resolution emphasizes conformity with existing FDA definitions (21 C.F.R. 131.110) and non-conformity of plant-based labels with that definition.

Bottom line

AR 134 is a non-binding resolution urging federal enforcement to prohibit the labeling of non-dairy products as “milk,” based on FDA definitions and consumer protection concerns. It seeks investigation and action by the FDA against violative labeling and to align consumer expectations with the regulatory definition of milk.

Bill