The US Physicians Committee for Responsible Medicine has filed a complaint with the US Department of Agriculture (USDA) Office of Inspector General, claiming the governmental organization has violated laws forbidding federal agricultural promotions from depicting products in a negative light.

The Physicians Committee, a nonprofit public health advocacy organization, argues that the TV ad featuring actress Aubrey Plaza “mocks plant-based milk.” Furthermore, it would allegedly violate a regulatory prohibition against “unfair or deceptive acts or practices with respect to the quality, value or use of any competing product,” the Physician Committee’s complaint says.

In the ad Plaza, known for her comedic roles in TV series like Parks and Recreation and White Lotus and movies such as Dirty Grandpa and Emily the Criminal, states that “Wood Milk” is “absolutely not real” and that “only real milk is real.”

The advertising is funded by MilkPEP, which “exists to increase dairy milk awareness and drive milk consumption,” according to the company.

Flagging a product as “not real” might be an effective attack campaign. According to an Innova Market Insights report from last month, the most influential claim in plant-based milk alternatives globally is “made with real ingredients or natural,” selected by 25% of surveyed responders.  

Stop the ad
The doctors’ advocacy group requests the USDA to issue a recommendation for the ad to stop running and for the “milk checkoff issue corrective advertising that explains the benefits of plant-based milks.”

“The ‘checkoff’ is a government program,” says Dr. Neal Barnard, president of the Physicians Committee and adjunct professor of medicine at George Washington University School of Medicine. 

The USDA Agricultural Marketing Service administers federal commodity promotion and research programs – commonly referred to as checkoff programs – and approves them after reviewing and verifying all nutritional claims. 

Further violations
The Physician Committee also argues that it also violates a federal law – 7 USC § 6407 – that says “USDA milk advertising dollars can’t be used to influence legislation or government action or policy.” 

On February 23, the FDA proposed guidelines to allow plant-based milks to be labeled as “milk” and recommended voluntary nutrient statements in the labels to explain how they compare to traditional milk.

“The agency invited the public to submit comments by April 24 this year, before final guidelines would be established. The ‘Wood Milk’ ad campaign was launched before that comment period closed. On May 1, the comment period was extended to July 31. The ‘Wood Milk’ campaign has run continuously since then,” the Committee explains.