Rebalancing the Milk Market: A Shared-Burden Framework for Dairy and Plant-Based Producers

Authors

• Isabelle Ulrich

Publication Information

52 Mitchell Hamline Law Review 728 (2026)

Abstract

This Note examines the structural and regulatory differences between traditional dairy products and the rapidly expanding plant-based milk products in the United States. Through analysis of historical Federal Milk Marketing Order policies, mandatory checkoff programs, and contrasting labeling standards in the United States and European Union, this Note reveals how plant-based milk producers enjoy competitive advantages without sharing the financial or regulatory burden that traditional dairy producers face. This Note argues for a shared-burden policy requiring all entities marketing “milk,” whether dairy or plant-based, to contribute to promotional and regulatory funds. This framework will restore market fairness, preserve consumer choice, and stabilize both the dairy and plant-based sectors against changing consumer preferences and evolving regulatory pressures.

Recommended Citation

Ulrich, Isabelle (2026) "Rebalancing the Milk Market: A Shared-Burden Framework for Dairy and Plant-Based Producers," Mitchell Hamline Law Review: Vol. 52: Iss. 3, Article 7.
Available at: https://open.mitchellhamline.edu/mhlr/vol52/iss3/7