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The Disruptive Possibilities of Plant Milk Iselin Gambert Brooklyn Law Review Volume 84 | Issue 3 Article 3 5-1-2019 Got Mylk?: The Disruptive Possibilities of Plant Milk Iselin Gambert Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Part of the Animal Law Commons, Food and Drug Law Commons, Health Law and Policy Commons, Law and Gender Commons, Law and Race Commons, and the Science and Technology Law Commons Recommended Citation Iselin Gambert, Got Mylk?: The Disruptive Possibilities of Plant Milk, 84 Brook. L. Rev. (). Available at: https://brooklynworks.brooklaw.edu/blr/vol84/iss3/3 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. Got Mylk? THE DISRUPTIVE POSSIBILITIES OF PLANT MILK Iselin Gambert† “The question of milk is important. It is important because milk has a transformative power that can shift the sacred to the profane, and vice versa.”—Yoriko Otomo1 INTRODUCTION In the 1970s, a small group of feminists dusted off an obscure Old English word and disrupted the patriarchy in the process. By replacing the offending “e” with an empowering “y” in the word “women,” the founders of the Michigan Womyn’s Music Festival took a stand against prevailing gender norms, sending the message that language is power, that words contain meaning both hidden and † Professor of Legal Writing at The George Washington University Law School. I owe a deep debt of gratitude to Tobias Linné, Associate Professor at Lund University (Sweden) and co-founder and director of the Lund University Critical Animal Studies Network, without whom this article would not have been possible. Tobias was an invaluable collaborator on most of the core ideas in this article, the central thesis of which grew out of a series of conversations we had in the fall of 2016 and early 2017. Beyond working with me to develop the key ideas presented here, some of which we have written about together in op-eds and other articles, Tobias’ generosity in hosting me as a visiting researcher at the Lund University Critical Animal Studies Network during the 2017–18 academic year provided me with the time, space, and academic community that made this project possible. Thanks also to Andrea Freeman and Mathilde Cohen for their endless supply of support and inspiration through their own groundbreaking milk scholarship, and to Dinesh Wadiwel for the opportunity to present a draft of this article at a meeting of the Animal Rights Reading Group in Sydney, Australia, and to those who participated for their thoughtful engagement with the draft and their suggestions for improving it. Thank you to my colleagues Naomi Cahn, Joan Schaffner, Karen Thornton, and Christy DeSanctis for their support and encouragement, as well as Blake Morant and Roger Fairfax for the opportunity to take a research leave to develop the ideas in this article. Thank you to the editorial team at the Brooklyn Law Review for their patience and skillful editing. Thank you Ryan Fletcher, Christopher Schraeder, Hilary Whitaker, and Renee Reasoner for your unending support throughout the writing of this article. Finally, thank you to all of the scholars whose work has inspired and shaped the ideas developed in this article. 1 Yoriko Otomo, The Gentle Cannibal: The Rise and Fall of Lawful Milk, 40 AUSTL. FEMINIST L. J. 215, 227 (2014), http://dx.doi.org/10.1080/13200968.2014.1008097 [https://perma.cc/X293-6QUE]. 801 802 BROOKLYN LAW REVIEW [Vol. 84:3 intended, and that even a single letter can be significant.2 “Womyn” remains in use to this day to signify an expression of female autonomy and a rejection of patriarchal linguistic norms.3 Plant milk4 advocates today are faced with a similar moment, one that will shape the future of the word “milk” and the cultural, political, and legal connotations that embody it. As consumers in the United States and Europe are increasingly concerned about the wide-scale suffering baked into the animal agriculture industry and the widespread negative impact that the industry has on the environment and climate change, plant milk sales have soared in recent years while demand for dairy milk has been falling for decades.5 Dairy milk producers and advocates appear threatened by plant milk’s steady rise in popularity. Despite the fact that plant milk has been called “milk” for thousands of years by cultures across the globe,6 dairy milk advocates have been waging a war against plant milk for the last several decades, fighting legal, legislative, regulatory, linguistic, and cultural battles over not only the very word “milk” but also over the cultural space it occupies. In December 2016, the “milk wars” came to a boil in the United States when over two dozen congressmen sent a letter to 2 See Christine Mallinson, Language and Its Everyday Revolutionary Potential, THE OXFORD HANDBOOK OF U.S. WOMEN’S SOCIAL MOVEMENT ACTIVISM 430– 31 (Holly J. McCammon et al., eds., Oxford Univ. Press 2017) (“By re-spelling words such as history without using the letters ‘his’ and women without ‘men,’ the terms herstory and womyn draw readers’ attention to the missing ‘male’ segments of the words and their ‘female’ replacements, symbolically highlighting the need to counteract male historical dominance and male-centered historiography by actively making women visible in everyday language and everyday spaces”). 3 See id. at 430–31. 4 This article will use the term “plant milk” and related terms (i.e., “soymilk” or “almond milk”) to refer to substances that, in the EU, would legally be required to be called “____ drink” or “____ beverage.” 5 Oliver Franklin-Wallis, White Gold: The Unstoppable Rise of Alternative Milks, GUARDIAN (Jan. 29, 2019, 1:00 AM EST), https://www.theguardian.com/news/ 2019/jan/29/white-gold-the-unstoppable-rise-of-alternative-milks-oat-soy-rice-coconut-plant [https://perma.cc/762F-5LJH] (discussing the rise in popularity of plant milks in Europe and the United States). Globally, the plant milk industry is currently worth about sixteen billion dollars. Id. In the United Kingdom, plant milk sales have increased thirty percent since 2015, and in the United States, nearly half of all consumers buy plant milk. Id. While the dairy industry is worth more than four hundred billion dollars globally, consumers are drinking less and less dairy milk each year, with sales falling fifteen percent since 2012 in the United States. Id. The environmental impacts of the animal agriculture industry are staggering: it “contributes more greenhouse gases than aviation, shipping and road vehicles combined.” Id. A recent Oxford University-led study concluded that “observing a vegetarian or vegan diet is the single most effective way to reduce your own environmental footprint.” Id. 6 See, e.g., Benjamin Kemper, Nut Milks Are Milk, Says Almost Every Culture Across the Globe, SMITHSONIAN MAG. (Aug. 15, 2018), https://www.smithsonianmag.com/ history/nut-milks-are-milk-says-almost-every-culture-across-globe-180970008/ [https:// perma.cc/BTN7-5LYB]. 2019] GOT MYLK? 803 the United States Food and Drug Administration (FDA) urging it to enforce its own regulations and prohibit plant milk companies from using the word “milk” on their labels because it is “misleading to consumers, harmful to the dairy industry, and a violation of milk’s standard of identity.”7 In January 2017, Wisconsin Senator Tammy Baldwin introduced the Dairy Pride Act, which would update the U.S. Code’s section on “misbranded food” to prohibit plant-based products from using terms such as “milk,” “yogurt” or “cheese” on their labels.8 The following month a group of white men gathered in New York City for what has since been dubbed “the milk party,” chanting explicitly racist and sexist rants while holding up and taking swigs from gallon- sized jugs of the seemingly wholesome substance, continuing a long history of connecting racist and sexist rhetoric to milk.9 In July 2018, FDA Commissioner Scott Gottlieb remarked that “[a]n almond doesn’t lactate,” indicating that a change in the longtime FDA practice of ignoring its own regulatory language on the subject of the word “milk” may be on the horizon.10 These incidents followed a series of legal and cultural battles over milk in Europe, where the European Court of Justice ruled in 2017 that plant-based products are prohibited from using the word “milk” in their labels or marketing,11 and the Swedish Market 7 The letter was co-authored by Democrat Peter Welch of Vermont and Republican Mike Simpson of Idaho. Letter from Rep. Peter Welch, Mike Simpson & Members of Congress to Hon. Robert M. Califf, Comm’r, Food & Drug Admin. (Dec. 16, 2016) [hereinafter “Welch-Simpson Letter”], http://www.nmpf.org/files/Welch-Simpson% 20Letter.pdf [https://perma.cc/Z26J-3GHV]; see also Press Release, U.S. Congress, Welch Leads Bipartisan Effort to Stop the Illegal Branding of ‘Fake Milk’ as Real Milk (Dec. 16, 2016) [hereinafter “Welch Press Release”], https://welch.house.gov/media-center/ press-releases/welch-leads-bipartisan-effort-stop-illegal-branding-fake-milk-real-milk [https://perma.cc/5ENF-EACF]; 21 C.F.R. § 131.110 (2018). 8 See Overview of DAIRY PRIDE Act, NAT’L MILK PROD. FED’N http://www.nmpf.org/files/DAIRY PRIDE Act - One Pager.pdf [https://perma.cc/2PM8-C89V]. 9 Mario, HWNDU Season 2 Finale: /pol/ Milk Party then Shut it Down—Full 50 Minutes, YOUTUBE (Feb. 5, 2017), https://www.youtube.com/watch?v=4nuSuVf5km4 [https://perma.cc/36U2-PRAZ] [hereinafter Milk Party]; see also Iselin Gambert & Tobias Linné, From Rice Eaters to Soy Boys: Race, Gender, and Tropes of Plant Food Masculinity, 7 ANIMAL STUD.
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