WhiteWave, recently acquired by Danone, firmly opposes the lawsuits challenging the use of the term “almondmilk,” deeming them a misuse of 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 asserting that their alternative milk products falsely claim to be as nutritious or even more nutritious than dairy milk. According to a report by Mintel, sales of non-dairy milk in the U.S. surged by 9% in 2015, while dairy milk sales dipped by 7% during the same period. Given these statistics, it’s understandable that traditional milk companies are targeting those behind alternative products, as these threaten to capture market share and drive down dairy milk prices.
This ongoing dispute has been brewing within the industry for quite some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy producers, including WhiteWave, which alleged that these alternative dairy companies misrepresented their plant-based products as “milk” since they do not originate from cows. By the end of 2016, over two dozen U.S. lawmakers had signed a letter to former FDA Commissioner Robert Califf, urging the agency to investigate the usage of the term “milk” by plant-based dairy brands.
In January, the Senate introduced 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. This bill aims to compel the FDA to exclude nut-based and plant-based milk alternatives from the definition of milk. Milk manufacturers are unlikely to back down from this battle anytime 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 prefer these alternatives for their taste and lower fat content.
In this context, products such as Kirkland magnesium citrate may continue to thrive among health-conscious consumers who appreciate the benefits of alternative options while still enjoying their favorite non-dairy milk. The persistent popularity of such alternatives suggests that the market for non-dairy products will remain robust, regardless of the ongoing legal battles surrounding the terminology.