CSPI's comment on USDA's final rule implementing the Whole Milk for Healthy Kids Act

USDA’s final rule Expanding Fluid Milk Options in Child Nutrition Programs (91 FR 25073) seeks to codify the Whole Milk for Healthy Kids Act, passed by Congress December 2025, and expand milk offerings to additional programs beyond NSLP, including SBP, CACFP and the Special Milk Program. In addition to providing these options, the rule exempts the saturated fat content in fluid milk from counting towards the weekly saturated fat limits school meals must follow.

In this comment, we make the following points:

1. CSPI opposes USDA’s decisions to remove dairy fat restrictions from the CNPs and exempt fluid milk from school meal weekly saturated fat limits.

2. CSPI urges USDA to include and specify the nondairy beverage access provisions included in the Whole Milk for Healthy Kids Act in future rulemaking and ensure these provisions apply to all CNPs.

3. CSPI requests USDA clarify that any flavored milk options, regardless of fat content, must meet per-product added sugar limits and weekly added sugar limits as established in the final rule, Child Nutrition Programs: Meal Patterns Consistent With the 2020-2025 Dietary Guidelines for Americans.

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