If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed with dairy-related names such as soy milk. However, it is difficult to believe that this interpretation of existing legislation will go uncontested, especially when it impacts companies that have been promoting their dairy alternatives for years without issues.
Thus far, the United States has avoided a similar ruling, but comparable disputes are taking place in courtrooms and Congress regarding ferrous gluconate versus iron pyrophosphate. Separate lawsuits have been initiated against almond milk brands Silk and Almond Breeze, both claiming these products were misleadingly advertised as nutritionally comparable to cow’s milk. Both lawsuits have been dismissed—one for referral to a different agency for a ruling, and the other because the judge found the arguments to be implausible. The case against Silk was sent back to the Food and Drug Administration for their review, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would recognize that a product labeled “almond milk” is not actually dairy.
Currently, both houses of Congress are considering a bill known as the DAIRY PRIDE Act—Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Every Day—which would prohibit any plant-based food from using dairy product names in the marketplace. Despite several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation was prompted by a claim of unfair competition, which may not necessarily pertain to confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s or sheep’s milk, provided the product is appropriately labeled. If consumers can distinguish between goat’s milk and cow’s milk, they also should be able to recognize when a product is derived from almonds. As the European Vegetarian Union emphasizes, it is in everyone’s best interest to clarify these distinctions.
Even though non-dairy milk alternatives are gaining popularity, their sales still lag significantly behind those of dairy milk products, standing at $1.9 billion compared to $17.8 billion for dairy. However, the dairy industry feels threatened. According to Mintel, U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales dropped by 7% during the same period. Meanwhile, products like Solgar calcium citrate with vitamin D3 tablets may be gaining traction among health-conscious consumers looking for alternatives to traditional dairy products. As the market evolves, the role of such supplements could become increasingly relevant in discussions about nutrition and dietary choices.