Blog By: Madison Boggs
“To the anti-milk advocates, I have one thing to ask of you. What do you have against milk?”[i] This question was asked by Education and the Workforce Committee Chairwoman Virginia Fox (R-NC) on the House Floor prior to the passage of the Whole Milk For Healthy Kids Act.[ii] This legislation, passed by the House in December 2023, seeks to expand the variety of milk options available to schools participating in federal meal programs, including the addition of 2% and whole milk.[iii] The Senate has yet to consider the Act.[iv]
This legislation introduces modifications to the milk standard within the National School Lunch Program (“NSLP”), overseen by the United States Department of Agriculture (“USDA”).[v] Presently, schools participating in the program must adhere to the most recent Dietary Guidelines for Americans.[vi] USDA regulations stipulate that milk must be either fat-free or low-fat, and it may be flavored or unflavored.[vii] The proposed bill aims to revise these regulations, permitting schools to provide a wider selection of milk options to students, encompassing whole, reduced-fat, and fat-free varieties, in both flavored and unflavored forms.[viii]
Moreover, schools participating in the program are currently required to ensure that meals offered adhere to specific nutrition criteria.[ix] According to USDA regulations, the average saturated fat content of these meals must not surpass 10% of total calories.[x] However, the bill includes provisions exempting fluid milk from this calculation.[xi] Any milk fat contained in fluid milk supplied through the program is not categorized as saturated fat when evaluating compliance with USDA regulations.[xii] Lastly, the bill prohibits schools enrolled in the program from purchasing or serving milk sourced from Chinese state-owned enterprises.[xiii]
Advocates for the bill, including representatives from major dairy producers, highlight the nutritional value and health advantages associated with milk containing higher fat content.[xiv] They emphasize the 13 essential nutrients and numerous health benefits, such as improved bone health, lower blood sugar levels, and reduced risk of cardiovascular disease or Type 2 diabetes.[xv] Furthermore, these stakeholders voice apprehensions regarding milk consumption in schools. They argue that children who find the taste of lower-fat milk served in cafeterias unappealing are less likely to seek milk from their parents or purchase it themselves later in life.[xvi] There are concerns that instead of choosing milk, children may opt for high-sugar beverages like soda.[xvii] Naturally, those within the dairy industry are keen on supplying more of their products to this extensive market, given that schools account for approximately 8% of milk purchases in the United States.[xviii]
Is Big Dairy genuinely concerned with children’s health, or are their concerns driven by the decline in dairy milk consumption and the threat posed by plant-based milk alternatives? Between 2018 and 2022, dairy milk consumption in the U.S. decreased by 11.9%.[xix] Meanwhile, plant-based milk alternatives are gaining popularity among consumers.[xx] Consumer preferences for alternatives, driven by concerns about animal welfare, environmental sustainability, and personal health, are among the reasons why consumers opt for plant-based milks over dairy milk.[xxi]
In contrast to the Whole Milk For Healthy Kids Act, a bipartisan bill was introduced by Senator John Fetterman in September 2023.[xxii] This bill proposes granting schools greater flexibility in providing beverages that are nutritionally equivalent to dairy milk for students.[xxiii] The Addressing Digestive Distress in Stomachs of Our Youth Act, also known as the ADD SOY Act, requires schools to offer non-dairy beverages as a substitute for fluid milk in the NSLP upon request from a student or their parent or guardian.[xxiv] Unlike current regulations, which only allow substitutes based on medical necessity or special dietary needs and require the schools to cover any additional expenses, this bill broadens the eligibility for substitutions and relieves the schools of financial burden.[xxv]
According to USDA research, 29% of milk served in schools ends up discarded.[xxvi] Plate waste in NSLP lunches is particularly high, with vegetables averaging around 31%, closely followed by milk.[xxvii] In comparison, entrees and meats/meat alternatives have lower plate waste rates, averaging at 16% and 14% respectively.[xxviii] The World Wildlife Foundation (“WWF”) estimates that up to 45 million gallons of milk are wasted annually in schools.[xxix] This untouched and discarded milk represents a loss of nutrition and squanders environmental and financial resources invested in its production, transportation, cooling, and storage.[xxx] The production process for milk is neither inexpensive nor particularly environmentally friendly.[xxxi] The WWF states that each gallon of milk produced in the US requires 17.6 pounds of CO2 and 144.2 gallons of water.[xxxii] Consequently, milk wasted each school year emits the equivalent of over 77,000 gas-powered vehicles and uses nearly 10,000 Olympic swimming pools’ worth of water.[xxxiii] It also represents a waste of taxpayer money as the NLSP is a federally assisted meal program.[xxxiv] Thus, government funds cover the cost of the milk that ultimately ends up rotting in landfills.
Considering the significant issue of food waste, Congress should contemplate empowering students and parents to choose their lunch beverages. The Senate should reject the Whole Milk for Healthy Kids Act and replace it with legislation that does not limit students’ beverage options to those that fund Big Dairy. Students are inclined to select beverages they will actually consume, and parents are best equipped to assess their child’s nutritional needs. Whether they prefer nutrient-rich whole milk or the increasingly popular plant-based alternatives, allowing them the freedom to choose their milk without penalizing schools for offering a variety of options will lead to increased consumption and fewer instances of spoiled milk.
[i] House Passes Bill to Return Nutritious Whole Milk to School Cafeterias, Comm. on Educ. & the Workforce (Dec. 13, 2023), https://edworkforce.house.gov/news/documentsingle.aspx?DocumentID=409902 [https://perma.cc/6CBB-SG57].
[ii] Id.
[iii] Roll call 718, Bill Number: H. R. 1147, Off. of the Clerk, U.S. House of Representatives, https://clerk.house.gov/Votes/2023718 (last visited Mar 10, 2024) [https://perma.cc/4LA7-7ZA3]; H.R.1147 - Whole Milk for Healthy Kids Act of 2023, Congress.gov, https://www.congress.gov/bill/118th-congress/house-bill/1147 (last visited Mar 10, 2024)
[iv] Whole Milk for Healthy Kids Act, H.R. 1147, 118th Cong. (as passed by House, Dec. 13, 2023); H.R.1147 - Whole Milk for Healthy Kids Act of 2023, Congress.gov, https://www.congress.gov/bill/118th-congress/house-bill/1147/all-actions-without-amendments?q=%7B%22search%22%3A%5B%22Child+health%22%5D%7D&s=1&r=55 (last visited Mar 10, 2024) [https://perma.cc/L88B-VXTG].
[v] Whole Milk for Healthy Kids Act, supra note iv.
[vi] Id.
[vii] Id.
[viii] Whole Milk for Healthy Kids Act, supra note iv.
[ix] Id.
[x] Id.
[xi] Id.
[xii] Whole Milk for Healthy Kids Act, supra note iv.
[xiii] Whole Milk for Healthy Kids Act, supra note iv.
[xiv] House Approves Whole Milk for Healthy Kids Act, U.S. Congressman Glenn Thompson (2023), https://thompson.house.gov/media-center/press-releases/house-approves-whole-milk-healthy-kids-act (last visited Mar 10, 2024) [https://perma.cc/67ZU-Y8M5].
[xv] Id.
[xvi] Phil Galewitz, Got Milk in School? Farmers fight health advocates over the creamy “whole” variety, USA Today (July 12, 2023), https://www.usatoday.com/story/news/nation/2023/07/12/farmers-fight-health-advocates-to-get-whole-milk-in-school-lunches/70399153007/ (last visited Mar 10, 2024) [https://perma.cc/PWR6-WVSZ].
[xvii]Id.
[xviii]Id.
[xix] Miyeon Son & Jayson Lusk, An Analysis of U.S. Dairy and Non-Dairy Milk Demand, Purdue Univ. Coll. of Agric. 5 (June 29, 2023).
[xx] Id at 9.
[xxi] Id at 9-10.
[xxii] ADD SOY Act, S. 2943, 118th Cong. (2023).
[xxiii] Id.
[xxiv] Id.
[xxv] Id; S. 2944 - Addressing Digestive Distress in Stomachs of Our Youth Act, Congress.gov, https://www.govtrack.us/congress/bills/118/s2943 (last visited Mar 10, 2024) [https://perma.cc/C5D2-2REB].
[xxvi] Mary Kay Fox & Elizabeth Gearan, School Nutrition and Meal Cost Study Summary of Findings, USDA Dept. of Agric. Food and Nutrition Serv. 3 (April 2019),
[xxvii] Id.
[xxviii] Id.
[xxix] The Business Case for Transporting to Bulk Milk Dispensers from Single-Use Milk Cartons in K-12 Schools, World Wildlife Fund 1.
[xxx] Id.
[xxxi] Id.
[xxxii] Id.
[xxxiii] Id.
[xxxiv] National School Lunch Program, USDA Econ. Rsch. Serv., https://www.ers.usda.gov/topics/food-nutrition-assistance/child-nutrition-programs/national-school-lunch-program/ (last visited Mar 10, 2024) [https://perma.cc/Q6F4-FCZY].