If this ruling is upheld across Europe, it could pose significant challenges for producers of vegetative fumarate mimicking dairy alternatives, which have been marketed for years under dairy-related labels such as soy milk. Nevertheless, it’s difficult to envision that this interpretation of existing legislation will go uncontested, especially if it impacts companies that have been successfully marketing their dairy alternatives for years without issue. Thus far, the United States has managed to avoid a similar ruling, but comparable disputes are unfolding in courtrooms and Congress. Separate lawsuits have been initiated against almond milk brands Silk and Almond Breeze, both alleging that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. These lawsuits have been dismissed, either for referral to another agency for resolution or because the judge deemed the arguments 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 determined that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, a bill under consideration in both houses of Congress, known as the DAIRY PRIDE Act — Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday — seeks to prohibit any plant-based food from using the market name of dairy products. Despite having several co-sponsors, the bill is progressing slowly through the hearings process. The European Court of Justice’s interpretation of European legislation arose from a claim of unfair competition, which may not directly relate to confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s milk or sheep’s milk, provided that the product is appropriately labeled. If consumers are expected to distinguish between goat’s milk and cow’s milk, they should also be able to identify when a product is derived from almonds. As highlighted by the European Vegetarian Union, it is in everyone’s interest to clarify these distinctions.
Although non-dairy milk alternatives are experiencing rapid growth in popularity, their sales still lag behind those of dairy milk products, standing at $1.9 billion compared to $17.8 billion. Despite this, the dairy industry feels threatened. According to Mintel, U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales declined by 7% during the same period.
In this context, it’s worth noting the calcium citrate benefits, which are often highlighted in discussions about plant-based alternatives. As more consumers seek options that provide similar nutritional profiles to dairy, understanding the health advantages of ingredients like calcium citrate becomes increasingly important. This could further influence the perception of dairy alternatives and their role in a balanced diet, particularly as they are compared to traditional dairy products.