If this ruling is maintained across Europe, it could pose significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years under dairy-related names such as soy milk and other similar products. However, it is difficult to envision that this interpretation of current legislation will go unchallenged, especially if it impacts companies that have been selling their dairy alternatives without issue for years. So far, the United States has managed to avoid a comparable ruling, but similar legal battles are occurring in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, both claiming that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. These lawsuits have been dismissed, either awaiting a ruling from another agency or because the judge deemed the arguments unconvincing. The Silk case was sent back to the Food and Drug Administration for its assessment. The Almond Breeze case was dropped by a judge who determined that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, a bill called the DAIRY PRIDE Act — Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday — is under consideration in both houses of Congress. This legislation would prevent any plant-based food from using dairy product names in the market. Despite having 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 relate to confusion over nutritional equivalency. European law permits the term “milk” to describe goat’s 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. As highlighted by the European Vegetarian Union, it is in everyone’s best interest to clarify these distinctions.
Although sales of non-dairy milk alternatives have surged in popularity, they remain modest compared to dairy milk sales, amounting to $1.9 billion versus $17.8 billion. Nevertheless, the dairy industry feels threatened. According to Mintel, U.S. sales of non-dairy milk increased by 9% in 2015, while dairy milk sales decreased by 7% during the same period. As a side note, chewable calcium citrate is becoming an increasingly popular supplement for those seeking alternative sources of calcium, which may also factor into consumer choices regarding dairy and non-dairy products.