New dairy industry ad campaign is difficult for some to swallow

WASHINGTON -- Health advocates and some farm groups are having a hard time swallowing the dairy industry's new "Got Milk" advertising campaign that encourages people to eat and drink milk products three times a day.

The National Dairy Council's new "3-A-Day for Stronger Bones" campaign is based on the Agriculture Department's recommendation that people eat or drink two to three servings of dairy foods daily. The magazine ads feature close-up photos of a tall glass of milk, a pint of strawberry yogurt and a slice of cheddar cheese on a sandwich. Each carries a bold 3-A-Day logo.

Officials with the National Cancer Institute, consumer groups and the fruit and vegetable industry say the ads are misleading.

Tom Stenzel, president of United Fresh Fruit & Vegetable Association, said the logo is suspiciously similar to the "5 A Day for Better Health" trademark. It promotes a decade-old government health initiative urging people to eat at least five daily servings of fruits and vegetables to prevent cancer, heart disease and other illnesses.

That trademark is held by the cancer institute and backed by several government agencies, including the Agriculture Department, which is in charge of setting nutrition standards through its food pyramid and guidelines.

"It's pretty clear that they're attempting to market their products," said Stenzel. "I say that's OK, but don't pretend to be a health campaign then."

Officials with the 5 A Day program have filed a complaint with the U.S. Patent and Trademark Office, opposing approval of the 3-A-Day trademark. They also have asked the Agriculture Department, which approved the dairy campaign, to intervene. The department is refusing.

Dr. Lorelei DiSogra, who oversees the 5 A Day campaign, noted that because some milk products are high in fat, only the young and people over age 50 should have three servings a day. For people age 18 to 50, two servings are sufficient.

DiSogra said another issue is that of making it appear to the public as though the 3-A-Day program is a public health and government effort.

"Most of us in the public health community are concerned about this on many different levels," she said.

But Greg Miller, the dairy council's senior vice president of nutrition, said studies show that show most people do not take in enough calcium, which is needed to strengthen bones.

"This campaign really is targeted toward dealing with the calcium shortage in the United States," Miller said. "It's important to get calcium throughout your life span."

Miller said the dairy council and 5 A Day supporters should join forces to promote healthy diets rather than battle over a trademark.

What on the surface is a food fight over a logo is really a debate about fat, said Margo Wootan of the Center for Science in the Public Interest, a consumer group. She said the 3-A-Day ads could confuse some consumers, leading them to overindulge in fatty milk products that can clog their arteries.

"Dairy products are one of the major sources or the major source of saturated fats," said Wootan, the center's nutrition policy director. "It's a heart disease promotion campaign."

The trademarks may be similar, but their program budgets are not. Using money collected from dairy farmers, the National Dairy Council is spending $25 million on 3-A-Day, compared with the estimated $5 million that the government and produce industry spend on 5 A Day.

Elizabeth Pivonka, chairwoman of the National 5 A Day Partnership, warned that the case will go to court unless the Agriculture Department steps in or the dairy industry pulls the ads.

Department spokeswoman Alisa Harrison said, "We would strongly urge both groups to sit down and work it out themselves at this point."

Harrison said the department approved the marketing campaign because "we don't see where there's any violation of dietary guidelines or the food pyramid."