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Dairy Processors: Licenses Now Available for Calcium/Weight Loss Claims

Processors can now apply for the necessary license to make weight loss claims in marketing their branded dairy products, thanks to a new agreement between IDFA and Dairy Management Inc. (DMI) that was announced at this week's Dairy Forum. For several months, the dairy industry's generic "Healthy Weight with Dairy" campaign has been sharing the good news with consumers that eating dairy foods like milk, cheese and yogurt may aid in weight loss when combined with exercise and a reduced-calorie diet. IDFA believes that branded efforts could be a major opportunity to increase dairy sales.

"We're encouraging dairy marketers to leverage this exciting and powerful information on weight loss as quickly and effectively as possible," said Clay Hough, IDFA senior vice president and general counsel. "Dairy has the potential to match the impressive records of other foods that have successfully marketed their health benefits, such as red wine, cranberries and the array of the Atkins-friendly products."

Dairy companies must obtain a license before utilizing weight loss claims on packaging, in advertising or for other promotional efforts. Since the University of Tennessee owns a patent on some of the key research and DMI has the exclusive rights to the license for that research, dairy companies have to be granted the legal right to use the claims through the licensing agreement that IDFA has arranged with DMI. This process will make the licenses available "at cost," with fees covering only the legal and management costs related to the licensing program.

The products that qualify for an IDFA license include most standardized dairy products (frozen desserts are not eligible), non-standardized dairy products and all fluid milk products that provide at least 10% of the daily value of calcium and protein, if at least 66% of the calcium and protein is derived from dairy ingredients (50% in the case of cottage cheese). IDFA will soon distribute a marketing guidance document to help licensed companies determine the most effective, allowable language in labeling and promotion efforts.

For more information, click here to visit the special section of IDFA's website, which contains full details about the IDFA licensing process and a license application.

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Posted January 20, 2004