FDA Rules Soy and Nut Milks Can Still Be Called 'Milk' 164
An anonymous reader quotes a report from Ars Technica: Back in the simpler times of 2018 -- before the US Food and Drug Administration had to grapple with emergency authorizations in a deadly pandemic, before it scrambled to address a scandalous baby formula shortage, and before it largely bungled oversight of vaping products -- the regulator dove into a sour struggle over dairy labeling. [...] With the issue simmering in 2018, the FDA stepped in to extract some truths and skim the fat. In a particularly clarifying statement, then-FDA Commissioner Scott Gottlieb noted that the FDA, in fact, has a definition for the "standard of identity" of milk -- and it appears to exclude liquids squeezed from plants. To be precise, the FDA appetizingly defined milk back in 1973 as "the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows." Colostrum, in case you were wondering, is a milky fluid produced immediately after birth before full milk production kicks in.
Gottlieb conceded at the time that he couldn't swiftly or unilaterally wipe "milk" from almond- and soy-juice cartons nationwide. Instead, the agency would have to pore over the topic, hold focus groups, and work up new guidance. But, based on Gottlieb's adherence to the bovine-based definition, the outcome seemed like a foregone conclusion. That is, much like blood from a stone, milk from a nut would be an unattainable secretion -- or so it seemed. In an about-face, the FDA on Wednesday released the long-awaited draft guidance with a spit-take pronouncement: Plant-based milk alternatives can keep using the term "milk." The agency did, however, recommend -- though not require -- that makers of non-milked milks note on their packaging if their product has differing nutrient contents than cow's milk.
In the guidance, the FDA acknowledged that, by its own definition of milk, plant-based milk can't be called milk. "[T]hey are made from plant materials rather than the lacteal secretion of cows," the FDA clarified. But, the regulator argued, essentially, that plant-based milks aren't sold as just "milk," they're sold as distinct plant-based milks -- and there's no confusion about it. "Although many plant-based milk alternatives are labeled with names that bear the term "milk" (e.g., "soy milk"), they do not purport to be nor are they represented as milk," the FDA concluded. "The comments and information we reviewed indicate that consumers understand plant-based milk alternatives to be different products than milk. [C]onsumers, generally, do not mistake plant-based milk alternatives for milk." Further, the FDA's years' worth of focus groups, surveys, and research revealed that many consumers purposefully buy plant-based milks "because they are not milk," often for reasons like allergies, an intolerance, or a vegan diet. Plant-based milk alternatives fall into a distinct food category from milk that lacks its own "standard of identity," adds Ars. "FDA regulations stipulate that plant-based milks would be considered a 'non-standardized food,' which are required to bear a common or usual name that will be known to the American public."
"'The names of some plant-based milk alternatives appear to be established by common usage, such as 'soy milk' and 'almond milk,' the FDA wrote. Thus, by law, they can and should keep their names, the agency concluded."
Gottlieb conceded at the time that he couldn't swiftly or unilaterally wipe "milk" from almond- and soy-juice cartons nationwide. Instead, the agency would have to pore over the topic, hold focus groups, and work up new guidance. But, based on Gottlieb's adherence to the bovine-based definition, the outcome seemed like a foregone conclusion. That is, much like blood from a stone, milk from a nut would be an unattainable secretion -- or so it seemed. In an about-face, the FDA on Wednesday released the long-awaited draft guidance with a spit-take pronouncement: Plant-based milk alternatives can keep using the term "milk." The agency did, however, recommend -- though not require -- that makers of non-milked milks note on their packaging if their product has differing nutrient contents than cow's milk.
In the guidance, the FDA acknowledged that, by its own definition of milk, plant-based milk can't be called milk. "[T]hey are made from plant materials rather than the lacteal secretion of cows," the FDA clarified. But, the regulator argued, essentially, that plant-based milks aren't sold as just "milk," they're sold as distinct plant-based milks -- and there's no confusion about it. "Although many plant-based milk alternatives are labeled with names that bear the term "milk" (e.g., "soy milk"), they do not purport to be nor are they represented as milk," the FDA concluded. "The comments and information we reviewed indicate that consumers understand plant-based milk alternatives to be different products than milk. [C]onsumers, generally, do not mistake plant-based milk alternatives for milk." Further, the FDA's years' worth of focus groups, surveys, and research revealed that many consumers purposefully buy plant-based milks "because they are not milk," often for reasons like allergies, an intolerance, or a vegan diet. Plant-based milk alternatives fall into a distinct food category from milk that lacks its own "standard of identity," adds Ars. "FDA regulations stipulate that plant-based milks would be considered a 'non-standardized food,' which are required to bear a common or usual name that will be known to the American public."
"'The names of some plant-based milk alternatives appear to be established by common usage, such as 'soy milk' and 'almond milk,' the FDA wrote. Thus, by law, they can and should keep their names, the agency concluded."
It's not milk... (Score:5, Funny)
...if it didn't come from a nipple.
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Re:It's not milk... (Score:5, Funny)
Don't worry, your mom still does :)
Re:It's not milk... (Score:5, Funny)
I can see this denegrating into one of those bar-room arguments in Wisconson "Show me where almonds have nipples!"
Re:It's not milk... (Score:4, Funny)
I have nipples Greg. Could you milk me?
https://memes.getyarn.io/yarn-... [getyarn.io]
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Reminds me of a Skittles advertisement that was mentioned on Slashdot many years ago now https://www.youtube.com/watch?... [youtube.com]
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...if it didn't come from a cow's nipple.
Fixed that for you, according to the FDA's old definition. The fact that goat or sheep milk wouldn't be considered milk under the FDA's old definition clearly demonstrates that the old definition was nonsensical.
Re: It's not milk... (Score:3)
It also doesn't take much research to show that "milk" has long been used to describe white fluids other than the nipple kind.
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Milk of magnesia, for a start!
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No shit! Milk of magnesia for example.
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Sorry, the US doesn't have origin protection. You can have Bordeaux produced in California, so you can have milk produced without a nipple.
Re:It's not milk... (Score:5, Informative)
Sorry, the US doesn't have origin protection
It does, check AVA https://en.wikipedia.org/wiki/... [wikipedia.org] . My best understanding is you can't sell wines in USA misleadingly referring to one of the protected USA origin. However there is no framework of mutual recognition of designated areas between France and USA, so you can allude to France and Bordeaux in a wine in USA, like you could allude to USA and California on the label of a wine bottle in France.
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Breasts aren't vineyards so my flawed point still stands.
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Oh but it does e.g; Vidalia onions.
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According to the ruling mentioned in the summary, you are wrong.
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"...if it didn't come from a nipple."
Animal gland secretions are disgusting.
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You're obviously not doing it right.
Or someone isn't doing it right to you.
The rest of us have loving relationships.
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Disgust is in the mind of the beholder.
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How do you know that almonds don't have little nipples on them?
If American Cheese is Cheese (Score:2)
Then who is to say that milk from a bean isn't milk?
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Puree of Plant is not milk. (Score:3)
Soy (Score:3)
They put the words "Soy" or "Almond" in front of "Milk" indicating it's, you know, soy or almond milk.Is that not clear enough?
Re: Soy (Score:2)
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If they're illiterate, can they really read the "milk" part either?
Re:Puree of Plant is not milk. (Score:5, Insightful)
Or, you know, "Soy" or "Almond" or "Goat" in front of "Milk" to designate what kind of milk it is. Cow milk should also be labeled "Dairy Cow Milk" or something similar.
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Dairy Cow Milk
Bull Milk
Goat Milk... now I'm questioning things.
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Given the low yield and economics behind the, uh, bull "milking" process, I would assume the price would be an obvious clue.
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If you had any idea how much "bull milk" costs per unit volume, you wouldn't have any concerns. Seriously, it's sometimes hundreds of dollars for 10ml.
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That's why rich rappers drink bull milk to flex on other artists.
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I suggest Rocky Mountain Oysters with a bull creme sauce.
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You've never had goat milk?
It's actually really good. I recommend it if you have a local dealer.
Re:Puree of Plant is not milk. (Score:5, Funny)
If we're going to make 'milk' ambiguous, I suggest the dairy industry adopts a new name to differentiate their product from the rest of the market: Cow Squeezins(tm).
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Beef milk.
It's what's for dinner.
Re:Puree of Plant is not milk. (Score:4, Informative)
Or, you know, "Soy" or "Almond" or "Goat" in front of "Milk" to designate what kind of milk it is. Cow milk should also be labelled "Dairy Cow Milk" or something similar.
I can't tell for USA, but in EU it's similar to what you suggest. The word "Milk" used alone refers exclusively to the product of the cow. Any other product must specify the species, for example "goat milk" etc. There is a known, extensive list of allowed exceptions. For example in the Eu language "English" (co-official language in Ireland and Malta), the vocable "coconut milk" is allowed, like "peanut butter" ("butter" used alone refers to a product of the cow) and "ice-cream" (even when not using "cream" from the cow). Here the list: https://eur-lex.europa.eu/lega... [europa.eu]
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And while they're at it...
They have to tell what % of salt water is added to meat. Why not how many growth hormone shots the cows get.
Re:Puree of Plant is not milk. (Score:5, Informative)
Milk of Magnesia (1873)
The term 'soy-bean milk' first appeared in a US publication in 1897, though the earliest written mention in Chinese is from 1365.
The first mentions of almond milk are from the 12th century, though it would have to wait until 1390 for English written records.
And let's not forget the other non-dairy products like peanut butter (1880s by that name), though centuries earlier in Aztec and Incan cultures.
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And let's not forget the other non-dairy products like peanut butter (1880s by that name)
Just adopt the Dutch word "Peanut Cheese" no butter involved which means it's not dai... oh wait. Damn.
Re:Puree of Plant is not milk. (Score:4, Insightful)
As long as it's obviously labeled in an non-confusing manner, I don't see the problem. If you put a picture of a cow on the box, label it "Milk*", and the part that tells you (* made from 100% natural surplus Halloween candy) is in teeny tiny print at the bottom, then yeah that's misleading.
Speaking of candy, something similar happened with "white chocolate", too. Turns out companies were labeling stuff that contained no actual products from the cacao plant as white chocolate, and the FDA put a stop to that [fda.gov]. A candy bar consisting of palm oil, sugar, and vanilla flavoring certainly tastes pretty close to white chocolate, but it's still not white chocolate.
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How about Mouse Milk? (Score:2)
How about Mouse Milk [aircraftspruce.com]?
There's a picture of a mouse on the label, it's clearly labeled as "milk", and nowhere does it say some mouse's nipples weren't involved.
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That ship has long since sailed. People- including writers for the US Department of Agriculture- have used "soy milk" since the 1890s, and almond milk was used before that. Since that usage antedates the FDA, it seems like it would be tough for FDA to argue they aren't well established terms.
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What you would allow doesn't matter. The FDA gets to make this decision, not you.
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Milk lobby (Score:2)
Re:Milk lobby (Score:5, Insightful)
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So what?
So that's a problem. And if every trade organization has a lobby, and if all of those lobbies have been manipulating US society for decades, then that's a problem too.
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How does one milk a nut? (Score:5, Funny)
Never mind. That came out kind of messy.
Re: How does one milk a nut? (Score:2)
Rats?! I'm outraged! You promised me dog or higher (Score:2)
Rats?! I'm outraged! You promised me dog or higher!
Re: Rats?! I'm outraged! You promised me dog or hi (Score:2)
I don't get it. People love rats, but they don't want to drink the rat's milk?
Eggs, Ham, Chicken, Bacon (Score:4, Insightful)
I've already seen a product called "Just Egg" next to real egg products. In type that is less than 1/10 the type size, it mentions that it's some plant-based thing. Once upon a time that would be called fraud.
Will restaurants now be able to offer you a glass of "milk" that never came near an animal and not mention it? Cheese? Bacon? Many of the plant-based alternative products currently cost more than the real versions, but what happens if they are cheaper? Will substituting these fake products as a cost-cutting method be ok? Or the restaurant owner has some moral imperative to eliminate animal products?
If someone wants tofurky, go for it. But if we get to where someone can call it turkey, then I'm not cool with that.
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Will restaurants now be able to offer you a glass of "milk" that never came near an animal and not mention it? Cheese? Bacon?
I could see them doing it, but it would be illegal. I am pretty sure someone will get smacked hard if they served something otherwised advertised.
But its not really an issue as long as it says plant name of food in/on the menu clearly.
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Note, though, that the FDA doesn't say they can call their stuff milk. It says they can use "milk" as part of the name for their product, but they have to say something about the plant(s) it came from. They won't even let the manufacturers say "plant-based milk"; they have to give more details about which plants it came from.
I agree that "Just Egg" is a terrible, misleading name for an egg substitute. If they wanted to call it something like "better than egg" that made it obvious it was an egg substitu
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Not likely. If you want vegan milk, you'll probably look for "Soy Milk" or "Almond Milk" specifically. If it
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I think the non-milk thing has left the barn already. But I now see this precedent for all the other fake/artificial/manufactured products. I've already seen a product called "Just Egg" next to real egg products. In type that is less than 1/10 the type size, it mentions that it's some plant-based thing. Once upon a time that would be called fraud. Will restaurants now be able to offer you a glass of "milk" that never came near an animal and not mention it? Cheese? Bacon? Many of the plant-based alternative products currently cost more than the real versions, but what happens if they are cheaper? Will substituting these fake products as a cost-cutting method be ok? Or the restaurant owner has some moral imperative to eliminate animal products? If someone wants tofurky, go for it. But if we get to where someone can call it turkey, then I'm not cool with that.
Not familiar with that brand but every vegan alternative I've seen goes out of its way to let you know it is plant-based.
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Speaking of restaurants, back when my grasp of English was still developing, my folks took me to a restaurant.
On the menu was "Brown Moo Juice" and "White Moo Juice". I had NO clue what the heck that was. I decided to try this new type of juice and figured if it was a bad idea, the white one was less of a bad idea than the brown one.
To my surprise, it was just Milk. Then it made sense that the brown one must be chocolate milk. I would have preferred that. Why couldn't they have just written that on the
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Will restaurants now be able to offer you a glass of "milk" that never came near an animal and not mention it?
No. The FDA didn't say you can simply remove all labels from everything and call it all milk. They very specifically called out the fact that it's called "soy milk" or "almond milk" already ensures that no confusion is present and cited that as a reason for the continued use of the term milk.
Re:Eggs, Ham, Chicken, Bacon (Score:4, Informative)
No, it's mung bean. It makes nice omelets and what not, but I've not tied baking with it. Sometimes I eat it straight up, and sometimes 50% Just Egg to 50% real egg; same for moo juice + plant milk. They also sell precooked Just Egg patties in the frozen section that work well for a breakfast sandwich.
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Sudden outbreak of common sense (Score:2, Insightful)
Nobody, I mean NOBODY was being confused by this. The Dairy lobby is full of hot shit.
Why didn't they go after peanut butter? I guess maybe they were testing the waters.
I'm not going to go to the casino and put all my potato chips on the table against this cropping up again though. Power-hungry lobbyists will keep trying.
I'm very cautious about having any optimism that oligarch-driven insanity is in real retreat. Let's see if we can break down all those "ag gag" laws, eh?
Oat milk (Score:3)
Is better than soy and almond milk. King of the alt milks.
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Some products just don't lend themselves well to being a plant-based substitute. I tried Beyond Jerky one time and saying it tasted like artificial smoke flavored dogfood is probably being too generous. Every plant-based cheese I've ever tried is like trying to eat a glob of grease. Plant-based milk substitutes seem to run the gamut between gag-inducing and tolerable, but you're not fooling anyone with this. About the only thing I've tried that I'd willingly consume more than once is Impossible Burger,
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And that is why I often to do a 50:50 blend. Although "Not Milk" is actually quite nice if you don't mind a hint of pineapple juice flavor. Macadamia milk' also nice, but obviously pricey.
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Oat milk is the cloest thing I woul say that hits the mark as a replacement for non-cooking milk. It has the right texture and pairs well with thing like cereal or chocolate imo. In some ways I like it better than whole milk. The fact that it is higher calories and has more fat than the others likely lends itself that position.
I have definitely had delicious vegan meals but those are not pretending to be anything else.
I agree in the sense that I think cultured meats are probably our tech answer to animal
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You're not kidding about the jerky, I tried it a few weeks ago. I was honestly shocked at how truly awful it was. I'm pretty impressed with the fake sausage, I'd actually buy it regularly if it wasn't more expensive than real sausage. Fake burger is fine if you're using it in a burger, but it's not usable as a general ground beef substitute.
Plant milk though... yeah, gag-inducing is pretty much what you get. The only exception is coconut milk, and that's its own thing, nobody is ever going to attempt to
Nut juice (Score:2)
It's nut juice and you can't convince me otherwise.
Re: Nut juice (Score:2)
Re: Nut juice (Score:2)
I'm referring to the nut "milk" referenced in the post.
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Almonds are not nuts botanically and almond milk has been called milk for 700+ years in English.
Coconuts are also not nuts, and we've had coconut milk in the language for a few hundred years, originally (like by Marco Polo) coconuts were called Indian Nuts if translated to English.
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For soy and almond respectivily.
Soybean: [wikipedia.org] is a species of legume native to East Asia, widely grown for its edible bean, which has numerous uses.
Almond: [wikipedia.org] The fruit of the almond is a drupe, consisting of an outer hull and a hard shell with the seed, which is not a true nut.
Peanut Butter is not Butter! (Score:3)
Milk is a generic term.
So is butter.
Glad to see that common sense prevailed.
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Apple butter for further confusion.
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Nutter Butter for furthest confusion.
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Milk is a generic term.
Terms and legal definitions are not the same thing. In laws and regulations you need to be sure that you can define exactly what is meant by a term so that it doesn't accidentally apply to the wrong product.
See also:
Subway is not allowed to call their breads, "bread" in Ireland (for tax purposes) because the definition of bread limits the amount of sugar.
Gingerbeer is not allowed to be sold as "bier" in Germany because the definition limits the essential ingredients which leads to many products being called
Big Ag lobbyists are very powerful (Score:2)
Milk cannot be labeled as coming from bovine growth hormone (rBST) free cows without a disclaimer stating there's no difference between milk from rBST-free and rBST-treated cows. [google.com]
I'm surprised that non-animal milk-style products aren't forced to be labeled with ominous warning labels.
Where's the nipple on the nut? (Score:2)
If it doesn't come through a nipple, how can it be 'milk'?
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Ask a baby Platypus, that stuff they lick is milk. Anyways almond milk has been called milk in English for like 700 years, it was popular as a milk substitute during religious holidays when animal products weren't supposed to be consumed.
Slurry (Score:2)
Yes, but... (Score:2)
This is all well and good but what the hell is coconut milk [wikipedia.org]?
We'd been using that stuff for decades before all this vegan stuff hit the market, but apparently it never threatened the dairy lobby.
Posted from the dairy state
Perhaps Stevia will Someday be a Sweetener (Score:2)
This is just how adjectives work (Score:4, Insightful)
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Dog (implied: mammal) => Hot dog
Probably still mammal, though (or mammals)
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Dog (implied: mammal) => Hot dog
Probably still mammal, though (or mammals)
You might be surprised how many hot dogs have chicken in them (though not good ones of course).
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- Pie (implied: sweet, has crust) => Pizza pie
Not an adjective. And also Eewww.
Dog (implied: mammal) => Hot dog
Not an adjective.
Milk (implied: cow milk) => Soy milk
Not an adjective.
Swan (implied: white) => Black swan
I grew up in Australia where swans aren't white. But at no point does the implication mean black or white. A swan implies little more than a big arse angry waterbird. Subtle animal racism there? Swan lives matter!
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Pie does not imply sweet. Pork pies and eel pies predate apple pies. Four and twenty blackbirds do not make a dessert. Even "crust" is pushing it a bit. Baked and covered is probably about as far as it's possible to generalise, bearing in mind shepherd's pie and cottage pie.
Also, "pizza" is not an adjective. "Pizza pie" is a noun phrase formed from two nouns, probably by someone who thought that no-one would buy their pizza without a misleading explanation of what it is. Similarly "soy milk" is a noun quali
What if soy milk... (Score:3)
...is just milk introducing itself in Spanish?
Re: What if soy milk... (Score:2)
âoeHola, soy la leche.â
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How stupid is it that in 2023 Slashdot still doesn't support Unicode?
As a Chinese speaking person... (Score:3)
So reading this whole debate is like watching 2 self declared experts trying to out pretend the other in a debate on which horrible nickname to standardize among their peers and never just, like, asking a Chinese person, again. It's like watching the animated movie Mulan being made again.
Side note, almond milk, for us Chinese people, is also not called milk. We actually use the word "tea" for it because it's brewed.
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Calling soy milk soy milk might well have been based on almond milk, which has been called milk since the 14th century.
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"Tamale" isn't a Spanish word. "Tamal" is, but it's a loan word from Nahuatl.
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Milk of Magnesia (Score:2)