WhiteWave, now acquired by Danone, firmly opposes the recent lawsuits challenging the use of the term “almondmilk,” claiming that such legal actions are a misuse of time and resources. Over the past few months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers alleging that their alternative milk products misleadingly assert nutritional equivalence or superiority to dairy milk. According to a report by Mintel, non-dairy milk sales in the U.S. rose by 9% in 2015, while dairy milk sales fell by 7% during the same period. Given these statistics, it’s understandable that dairy companies would target those producing alternative products, as they pose a threat to market share and could lead to a decline in dairy milk prices.
This ongoing dispute has been a contentious issue within the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which claimed that these alternative dairy companies incorrectly labeled their plant-based products as “milk,” despite not being derived from cows. Towards the end of 2016, over two dozen U.S. lawmakers signed a letter directed to former U.S. Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the designation of “milk” by plant-based dairy brands.
In January, the Senate proposed the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act,” commonly referred to as the DAIRY PRIDE Act, aimed at prompting the FDA to exclude nut or plant-based milk alternatives from the definition of milk. This is a battle that dairy manufacturers are unlikely to abandon soon, and it will be intriguing to observe consumer reactions. It seems improbable that removing the term “milk” will deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many consumers choose these alternatives for their taste and lower fat content.
Additionally, as consumers become more health-conscious, many are looking for products fortified with nutrients such as calcium citrate 500. This trend may influence how both dairy and non-dairy companies position their products. As the market evolves, the competition regarding definitions and branding will continue to heat up, reflecting broader consumer preferences for alternative sources of nutrition and health benefits.