When is “dairy-free” actually dairy-free? If you’re one of the nearly 30 million American adults who have some degree of lactose intolerance, you probably depend on food manufacturers to back up their claims.
However, the U.S. Food and Drug Administration (FDA) recently did a retail sampling of dark chocolate and chocolate-containing products labeled as “dairy free” and found that 13 of the 210 samples tested were positive for milk.
These 13 samples were made by three different food manufacturing firms and 12 of those contained less than 80 parts per million (ppm) of milk, with one sample testing at 1,083 ppm. The key reference point that the 13 products found to contain milk had was labeling with warning statements, such as “...made in a facility that also processes milk.”
ConsumerAffairs asked the FDA for a list of the brand names of those products but did not immediately receive a response.
You’re on your own when it comes to 'dairy-free'
The FDA admits that it does not define the terms “dairy-free” or “milk-free” and suggests that those claims are really up to a manufacturer’s whim. However, if a manufacturer makes such a claim, the agency says it must be truthful and not misleading.
That means for anyone who thinks that dairy is an issue, it’s up to them to make sure.
“Consumers with milk allergy who choose to eat dairy-free dark chocolate or chocolate-containing products can contact the manufacturers and inquire about how the product is made, including whether the product is made on equipment dedicated to making dairy-free chocolate, whether the ingredients used are free of milk, and whether the manufacturer tests its products with ‘dairy-free’ claims for the presence of milk,” the agency wrote.
How to read a label for other potential 'dairy-free' problems
If not the FDA, then who can you turn to about ingredients that may be missing from the label? While there is no central list of dairy-free products, consumers may have Nutricia Footsteps and Alisa Fleming’s GoDairyFree.org to thank.
In Fleming's “definitely contains dairy” category (full list here) are the things you would automatically know about such as cottage cheese, butter, and sour cream. However, there are a number of scientific'y things that you might not recognize that have dairy included in some fashion. For example:
- Whey and Delactosed Whey. Both can be found in protein powders, infant formula, bakery items, and even in processed meats like sausages and hot dogs where it's used as a binder and to improve texture.
- Caseins and Caseinates. These compound are used in the same products as whey, plus some non-dairy coffee creamers utilize ammonium caseinate to create a smooth, creamy texture and regular casein is used to enhance flavor in tuna, and soups and gravies.
In the “potentially has dairy” list are products that might contain dairy ingredients, such as those listing “Artificial or Natural Flavors/Flavoring.” “These are vague ingredients, which may be derived from a dairy source. A few of particular interest are butter, coconut cream, and egg flavors,” Fleming noted.
Nutricia Footsteps also tags things like crackers, flavored chips, and instant iced-teas among the products that may contain dairy.
Stepping out of the food aisle and over into the supplements aisle, Fleming adds a concern about prebiotics.
“A newcomer on the digestive health scene, these are indigestible carbohydrates," Fleming said. "They are quite different from probiotics, which are living microorganisms. Prebiotics, such as galacto-oligosaccharides, lactosucrose, lactulose and lactitol may be derived from milk-based foods.”