# Constitution be damned, the FDA is moving ahead to ban almond milk (so says the washington examiner) \[Note just the word milk is being banned\]

**URL:** <https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046>\
**Category:** Politics & Elections\
**Created:** [August 21, 2022, 8:01pm UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046 "2022-08-21T20:01:08Z")\
**Posts on this page:** 20\
**Page:** 4

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**Author:** ![DorkVader](https://avatars.discourse-cdn.com/v4/letter/d/73ab20/32.png) [@DorkVader](https://boards.straightdope.com/u/DorkVader)\
**Post date:** [August 22, 2022, 1:11am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/61 "2022-08-22T01:11:36Z")

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If you’re interested, and not opposed to watching a 20 minute video, Food Theory did a video comparing various plant milks. Frothing, nutrition, baking, and taste were the points of comparison. Almond, oat, soy, pea, rice, coconut and cashew are the milks looked at. Go to the 11:35 time stamp to get the break down if you don’t want to watch the entire video. [Link](https://m.youtube.com/watch?v=df8FRfVtVNw) to video

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**Author:** ![susan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/susan/32/17537_2.png) [@susan](https://boards.straightdope.com/u/susan)\
**Post date:** [August 22, 2022, 1:12am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/62 "2022-08-22T01:12:29Z")

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[![](https://img.youtube.com/vi/0CP5FAjnJfM/maxresdefault.jpg "The Kids Are Drinking Rat Milk The Simpsons") ](https://www.youtube.com/watch?v=0CP5FAjnJfM)

ETA: Y’know, this isn’t the first time I’ve posted this on the Dope.

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [August 22, 2022, 1:13am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/63 "2022-08-22T01:13:52Z")

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> [@DorkVader](#):
>
> Almond, oat, soy, pea, rice, coconut and cashew are the milks looked at.

I have it on good authority that the Milk Warriors have deemed these substances “melks”.

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**Author:** ![Morgyn](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/morgyn/32/3041_2.png) [@Morgyn](https://boards.straightdope.com/u/Morgyn)\
**Post date:** [August 22, 2022, 1:16am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/64 "2022-08-22T01:16:47Z")

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> [@Riemann](#):
>
> And this is a country where you’re allowed to put a Mars Bar in a deep fat fryer.

They do that in the US, too, at various carnivals. Along with butter, and ice cream, and Snickers, and heaven only knows what other demented things.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [August 22, 2022, 1:22am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/65 "2022-08-22T01:22:33Z")

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> [@bobot](#):
>
> I think the name Almond Milk simply implies that it can be used in place of Milk Milk. If anyone out there in the populace thinks that someone is squeezing cow’s milk from an almond, we’re in a lot worse shape than I figured.  
> The word “Milk” in the term “Almond Milk” is entirely harmless and not misleading.

No one thinks Chocolate Milks comes from Chocolate or Strawberry Milk comes from Strawberries. Those are flavorings. It is then not stupid to think that Almond milk is almond _flavored_ milk.

Since it is _not_ milk it _is_ misleading.

> [@Locrian](#):
>
> It should really be called soy juice, almond juice. That’s not as appetizing sounding, but it’s what it is.

Right.

> [@Thudlow\_Boink](#):
>
> On the other hand, peanut butter isn’t butter (neither is almond butter, apple butter, etc.), and that doesn’t seem to be a problem.

Because Peanut Butter and Apple butter and so forth were common long before the FDA , especially for Apple Butter. But Almond milk is a very recent product. (Okay, not very long for Peanut butter, but still).

> [@Chronos](#):
>
> I was wondering about that, too. It’s just as inaccurate as “almond milk”, but it’s got a lot more history behind it.

Yeah, maybe about 2000 years more, which is why it entered “common usage” before the FDA. Also the Food and Agriculture Organization of the United Nations does define Coconut Milk.

> [@LSLGuy](#):
>
> I’d still like to hear the OP’s defense of the claim of unconstitutionality.

Forget about it, Dude- it’s the _Examiner._

So all the older products that had entered common usage a LONG time ago were of course grandfathered in.

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**Author:** ![digs](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/digs/32/14889_2.png) [@digs](https://boards.straightdope.com/u/digs)\
**Post date:** [August 22, 2022, 1:30am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/66 "2022-08-22T01:30:04Z")

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> [@What\_Exit](#):
>
> Oat milk is a great alternative if you can’t have dairy and it froths up perfectly, giving you the same mouthfeel as dairy milk.

I just recently cut lactose out of my diet, and I’m a coffee-and cereal-addict. So mouthfeel is really important to me, and Oat Milk wins the “almost like a cow” competition by a wide margin.

BUT, check the carbs. Oat Milk has a lot more than Almond or Soy, sometimes 20g/cup! Oddly enough, Trader Joe’s version has a lot more carbohydrates in the smaller 32 oz shelf-stable package than in the 64 oz box in the cooler.

By the bye, both are called “ **Oat Beverage** ”… and I don’t see anyone asking “If it doesn’t say ‘Milk’, can I still pour it on my Cap’n Crunch?”

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**Author:** ![Acsenray](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/acsenray/32/4519_2.png) [@Acsenray](https://boards.straightdope.com/u/Acsenray)\
**Post date:** [August 22, 2022, 1:41am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/67 "2022-08-22T01:41:52Z")

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As many others have pointed out, this is just a matter of food labeling, which the FDA handles all the time. They have set guidelines for what terms may be used for thousands of food products. One might quibble with where they draw the lines, but the activity itself is a perfectly reasonable exercise of regulatory authority for the purpose of preventing consumer deception.

I for one don’t understand why those who use or produce non-dairy milk substitutes get all up in arms whenever this comes up. Clearly people looking to use beverages produced from nuts and grains are better off with more precise labeling. And in the long run this should benefit manufacturers also.

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**Author:** ![bobot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bobot/32/21622_2.png) [@bobot](https://boards.straightdope.com/u/bobot)\
**Post date:** [August 22, 2022, 1:53am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/68 "2022-08-22T01:53:09Z")

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> [@DrDeth](#):
>
> It is then not stupid to think that Almond milk is almond _flavored_ milk.

Right. And soy milk is soybean flavored milk.

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**Author:** ![susan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/susan/32/17537_2.png) [@susan](https://boards.straightdope.com/u/susan)\
**Post date:** [August 22, 2022, 1:57am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/69 "2022-08-22T01:57:49Z")

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Oatmilch with Cap’n Crunch with Crunch Berries, to be sure, but I suggest soymilch with Cap’n Crunch Peanut Butter Crunch.

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [August 22, 2022, 2:03am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/70 "2022-08-22T02:03:22Z")

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> [@DrDeth](#):
>
> It is then not stupid to think that Almond milk is almond _flavored_ milk.

It’s not stupid, but given the existence of both chocolate/strawberry milk and coconut/soy milk, there are two obvious possibilities. If someone is uncertain, it’s not difficult to find out. And if they do mistakenly think it is almond-flavored cow’s milk, what harm is done? Potential harm from food allergy would occur only if a product deceptively contained _more_ things that someone might expect.

> [@DrDeth](#):
>
> Since it is _not_ milk it _is_ misleading.

And that would be the _petitio principii_ fallacy, assuming the conclusion.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [August 22, 2022, 2:07am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/71 "2022-08-22T02:07:29Z")

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> [@DrDeth](#):
>
> No one thinks Chocolate Milks comes from Chocolate or Strawberry Milk comes from Strawberries. Those are flavorings. It is then not stupid to think that Almond milk is almond _flavored_ milk.

People only think that because they’ve encountered those milk labels before. But those same people will have encountered these other milks, all of which make it plain as day on their packaging that they are non-dairy. Plus most of these milks are just ordinary words that you would have learned their meaning in elementary school.

It’s not like the word milk only means animal milk. It’s a word that has meant “white liquid” for centuries. In fact, in times past, when most people didn’t have access to animal milks, the term “milk” actually implied almond milk.

And that tells us that old terms are not being grandfathered in, as you claim. Even you seem to think almond milk is this new concept.

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**Author:** ![Pleonast](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pleonast/32/1183_2.png) [@Pleonast](https://boards.straightdope.com/u/Pleonast)\
**Post date:** [August 22, 2022, 2:08am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/72 "2022-08-22T02:08:52Z")

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My primary requirement for a “milk” is protein content. Almond and coconut milks have very little, unlike dairy and soy.

> [@Chronos](#):
>
> > [@Qadgop\_the\_Mercotan](#):
> >
> > Won’t someone think of the coconut milk?
> 
> I was wondering about that, too. It’s just as inaccurate as “almond milk”, but it’s got a lot more history behind it.

I don’t have a handy cite, but both “almond milk” and “coconut milk” have been used in English since the 1300s.

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**Author:** ![CairoCarol](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cairocarol/32/3825_2.png) [@CairoCarol](https://boards.straightdope.com/u/CairoCarol)\
**Post date:** [August 22, 2022, 2:29am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/73 "2022-08-22T02:29:45Z")

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Think of how all those poor monarch caterpillars have been deceived!

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [August 22, 2022, 2:29am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/74 "2022-08-22T02:29:55Z")

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> [@Acsenray](#):
>
> I for one don’t understand why those who use or produce non-dairy milk substitutes get all up in arms whenever this comes up. Clearly people looking to use beverages produced from nuts and grains are better off with more precise labeling. And in the long run this should benefit manufacturers also. ⁢

Because this isn’t about “more accurate labeling” or consumers being confused. It’s an industry using its ties with the government in order to promote itself over other industries.

It’s not like this started from some independent study or organization who discovered consumer confusion. It’s the dairy industry’s response to seeing a downturn in sales of (their) milk. And the goal of this is to try and reduce the amount of plant milks that get bought in favor of more bovine milk being purchased.

Even if there actually is some small number of customers who are confused (even though all plant milks have very prominent “non-dairy” or “dairy free” labels) what about everyone else? What happens when these product that have been known by these names for decades or even centuries get renamed? Surely there would be more confusing about not being able to find “almond milk” for your recipe.

And what words are more accurate? Almond drink? That implies a drink with almonds in it, not milk made by the standard milk process. Almond beverage? Almond milk is an ingredient, too. Almond water? That implies something clear. (And don’t get me started with the fact that coconut water and coconut milk are different, because one contains fat and the other doesn’t.)

Why not use the word that has been used for centuries? Hell, the default used to be almond milk, because most people didn’t own animals.

* * *

And I’m not even someone who looks down on cow milk. I’m no vegan who wants cows to stop being used or who is lobbying against animal cruelty. I don’t believe that cow milk is bad for you, like many people. If you throw in those people, then of course they don’t want the government bending over backwards to help an industry they don’t support.

I just don’t think that an industry should be able to compel the government to help them like this, especially under misleading pretenses. I don’t see this as much different than being for net neutrality.

And I find it odd that people actually buy the machinations of the dairy industry to make their actions seem altruistic.

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**Author:** ![Left\_Hand\_of\_Dorkness](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/left_hand_of_dorkness/32/7156_2.png) [@Left\_Hand\_of\_Dorkness](https://boards.straightdope.com/u/Left_Hand_of_Dorkness)\
**Post date:** [August 22, 2022, 2:37am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/75 "2022-08-22T02:37:24Z")

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> [@DrDeth](#):
>
> Since it is _not_ milk it _is_ misleading.

[It is milk.](https://www.merriam-webster.com/dictionary/milk)

> [@](#):
>
> **:** a fluid secreted by the mammary glands of females for the nourishment of their young
> 
> b(1) **:** milk from an animal and especially a cow used as food by people
> 
> (2) **:**  **a food product produced from seeds or fruit that resembles and is used similarly to cow’s milk almond/coconut/soy/nut milk**

(emphasis added).

The use of “milk” to refer to plant liquids [is about 800 years old in English](https://en.wikipedia.org/wiki/Plant_milk#History), and “soy milk” as a term [appears to date back 125 years, to a USDA manual.](https://en.wikipedia.org/wiki/Soy_milk#History)

It may not be stupid to get confused, but it’s ignorant; and banning this nomenclature flies in the face both of our language and of the USDA’s own linguistic history.

It’s pretty clearly a power play by the dairy industry to use the government to harm their competitors.

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**Author:** ![puzzlegal](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/puzzlegal/32/3827_2.png) [@puzzlegal](https://boards.straightdope.com/u/puzzlegal)\
**Post date:** [August 22, 2022, 2:57am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/76 "2022-08-22T02:57:46Z")

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I love milk. Cow milk. Whole cow milk…

And i don’t like most of the vegetable milks. Rice milk is nasty. Almond milk was hugely disappointing. Soy milk is nasty. Oat milk tastes fine in oatmeal, but it has a weird oat flavor that i found disturbing in coffee. And none of them have the lush richness of dairy milk.

And i care a lot about truth in labeling, and clearly labeling stuff we eat.

But i think this proposed law is stupid. What about milk of magnesia? Milk weed? People have been calling white opaque liquids “milk” forever. If kids are malnourished because their parents are giving them oat milk instead of cow milk, the USDA is doing a crappy job with its nutrition information. Maybe they shouldn’t emphasize milk so much to begin with.

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**Author:** ![Qadgop\_the\_Mercotan](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/qadgop_the_mercotan/32/83_2.png) [@Qadgop\_the\_Mercotan](https://boards.straightdope.com/u/Qadgop_the_Mercotan)\
**Post date:** [August 22, 2022, 3:00am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/77 "2022-08-22T03:00:26Z")

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Wait! What about the Milk of the Poppy? The Milk of Human Kindness? (rare but not mythical)

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**Author:** ![Lumpy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lumpy/32/446_2.png) [@Lumpy](https://boards.straightdope.com/u/Lumpy)\
**Post date:** [August 22, 2022, 3:28am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/78 "2022-08-22T03:28:20Z")

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> [@puzzlegal](#):
>
> People have been calling white opaque liquids “milk” forever. If kids are malnourished because their parents are giving them oat milk instead of cow milk, the USDA is doing a crappy job with its nutrition information. Maybe they shouldn’t emphasize milk so much to begin with.

In the book by Virginia Cornell about early 20th century Doctor Susan “Doc Susie” Anderson, the episode is related of a one-year old girl dying of scurvy because her poor immigrant parents fed her canned “milk” that was basically water, oil and sugar with no vitamins at all.

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**Author:** ![Riemann](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/riemann/32/3133_2.png) [@Riemann](https://boards.straightdope.com/u/Riemann)\
**Post date:** [August 22, 2022, 3:43am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/79 "2022-08-22T03:43:50Z")

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> [@Lumpy](#):
>
> a one-year old girl dying of scurvy because her poor immigrant parents fed her canned “milk” that was basically water, oil and sugar with no vitamins at all

Cow’s milk contains very little Vitamin C, because cows (unlike humans) can synthesize it. So cow’s milk would not prevent scurvy. Is the idea that this was supposed to be baby formula, did that come in a can in that era? Did baby formula exist at all in that era?

ETA: baby formula did exist, although no mention here of cans rather than powder, and no mention of Vitamin C, so I’m not sure whether early versions contained Vitamin C.

> **[A concise history of infant formula (twists and turns included)](https://www.contemporarypediatrics.com/view/concise-history-infant-formula-twists-and-turns-included)**
>
> Finding an acceptable alternative to breast milk has proved to be a complicated quest that continues today.

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**Author:** ![snowthx](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowthx/32/10660_2.png) [@snowthx](https://boards.straightdope.com/u/snowthx)\
**Post date:** [August 22, 2022, 3:58am UTC](https://boards.straightdope.com/t/constitution-be-damned-the-fda-is-moving-ahead-to-ban-almond-milk-so-says-the-washington-examiner-note-just-the-word-milk-is-being-banned/970046/80 "2022-08-22T03:58:33Z")

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Don’t forget the Milky Way. If the dairy industry gets it’s way, they’re gonna have to change that to the Melky Way, so people dont get confused.

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