If this ruling is upheld across Europe, the use of ferrous fumarate and folic acid tablets BP Livogen may pose significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related names like soy milk. However, it is hard to envision that such an interpretation of current ferrous gluconate NHS legislation will go unopposed, especially if it impacts companies that have been promoting their dairy substitutes for years without any issues.
In the United States, a similar ruling has yet to materialize, but comparable disputes are being fought in both courtrooms and Congress. Separate lawsuits were initiated against almond milk brands Silk and Almond Breeze, each claiming that the products were misleadingly advertised as nutritionally comparable to cow’s milk. Both lawsuits were dismissed, either for referral to another agency for resolution or because the judge deemed the arguments to be implausible. The Silk case was sent back to the Food and Drug Administration for its evaluation, while the Almond Breeze case was dismissed by a judge who concluded that reasonable consumers would understand that a product labeled “almond milk” is not dairy.
Currently, a bill known as the DAIRY PRIDE Act — Defending Against Imitation and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday — is being reviewed in both houses of Congress. This legislation would prohibit any plant-based food from using dairy product names in the market. Despite several co-sponsors, the bill is progressing slowly through the hearing process.
The European Court of Justice’s interpretation of EU legislation was prompted by a claim of unfair competition, which may not necessarily focus on confusion regarding nutritional equivalency. European law permits the term “milk” to describe goat’s milk or sheep’s milk as long as the product is properly labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should also be able to identify when a product is derived from almonds. The European Vegetarian Union emphasizes that it is in everyone’s best interest to clarify these distinctions.
Although non-dairy milk alternatives are rapidly gaining popularity, their sales remain modest compared to dairy milk products, amounting to $1.9 billion versus $17.8 billion. Nonetheless, the dairy industry perceives a threat. According to Mintel, U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales declined by 7% during the same timeframe. Moreover, as health-conscious consumers look for options rich in nutrients like calcium, products containing calcium d citrate are becoming increasingly relevant in the discussion of nutritional equivalency between dairy and plant-based alternatives.