Kraft Says ‘Cheese’ Despite Truth-In-Labeling Law;
Leahy, Dayton Hail FDA Enforcement Action
On Kraft’s Misuse Of Milk Protein Concentrates

(Thursday, Jan. 9) – Senator Patrick Leahy (D-Vt.) and Senator Mark Dayton (D-Minn.) Thursday commended Food and Drug Administration officials for their year-end action to enforce truth-in-labeling laws that apply to Kraft Foods’ illegal use of milk protein concentrates  in certain Kraft items marketed as ‘cheese’ products. 

In their letter to Secretary of Health and Human Services Tommy Thompson, the two senators ask to be kept informed as the FDA pursues compliance actions with Kraft and urge his agency to take any further actions needed to ensure truth-in-labeling compliance. 

On Dec. 18, officials from FDA’s Chicago District Office issued a warning letter to Kraft Foods North America Inc., a division of Philip Morris, citing serious violations of the Federal Food, Drug, and Cosmetic Act, stemming from the firm’s unlawful labeling of ‘cheese’ products containing milk protein concentrates (MPCs).  The products cited by FDA include Kraft Singles American and Cheddar Pasteurized Cheese Food products, and Kraft Velveeta Pasteurized Process Cheese Spread.  The letter tells Kraft that the firm’s actions violate section 403(g)(1) of the Federal Food, Drug, and Cosmetic Act.

Truth-in-labeling laws overseen by FDA -- intended to protect the interests of consumers, promote fair competition, maintain product quality and prevent economic fraud on consumers –  establish “standards of identity” for various food products.  FDA has established such standards for more than 70 types of cheeses and related cheese products.  These standards prevent manufacturers from using additives that may result in inferior products being marketed as ‘cheese.’  Under these standards, it is unlawful to use MPCs as a food ingredient in any standardized cheese product.  Mislabeling can mislead consumers into buying cheaper, inferior products, and mislabeling also disadvantages competitors who abide by the labeling law.  

“(Food standards) maintain the general quality of a large part of the national food supply and prevent economic fraud,” the senators said in the letter.  “Without standards, different foods could have the same names or the same foods could have different names.  Both situations would be confusing and misleading to consumers and create unfair competition.”

Congressman Bernie Sanders is circulating a similar letter in the House.

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