WhiteWave, acquired by Danone, firmly opposes recent lawsuits challenging the use of the term “almondmilk,” asserting that such legal actions waste time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers claiming that their alternative milk products misleadingly assert they are as nutritious, or more so, than dairy milk. According to a report by Mintel, sales of non-dairy milk in the U.S. rose by 9% in 2015, while sales of dairy milk dropped by 7%. Given these statistics, it is understandable that dairy companies are targeting those responsible for alternative products, as they pose a threat to market share and could lead to a decrease in dairy milk prices.
This dispute has been brewing within the industry for quite some time. In 2016, a California federal judge dismissed a lawsuit against major dairy producers, including WhiteWave, which alleged that these alternative dairy companies improperly labeled their plant-based products as “milk” despite not being derived from cows. At the end of that year, over two dozen U.S. lawmakers signed a letter to former U.S. Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the use of the term “milk” by plant-based dairy brands. In January, the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act,” known as the DAIRY PRIDE Act, was introduced in the Senate to encourage the FDA to exclude nut or plant-based milk alternatives from the definition of milk.
This is a battle that milk manufacturers are unlikely to abandon anytime soon, and it will be intriguing to observe how consumers react. It seems improbable that removing the term “milk” will deter aficionados of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many prefer these products for their taste and lower fat content. Moreover, the benefits of calcium citrate in these alternatives may further appeal to health-conscious consumers, making it an important factor in their purchasing decisions. As the industry continues to evolve, the benefits of calcium citrate may play a crucial role in the ongoing discourse surrounding dairy and non-dairy products.