WhiteWave, now owned by Danone, firmly opposes recent lawsuits questioning the use of the term “almondmilk,” claiming they are a misuse of time and resources. Recently, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, faced class-action lawsuits from consumers who allege that these alternative milk products falsely assert they are as nutritious or more nutritious than dairy milk. According to a Mintel report, U.S. sales of non-dairy milk surged by 9% in 2015, while dairy milk sales fell by 7% during the same period. Given these statistics, it is understandable that dairy companies would target those behind alternative products, as they pose a threat to market share and may lead to lower dairy milk prices.
This ongoing dispute has been a hot topic in the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which claimed that these alternative dairy companies misrepresented their plant-based dairy products as “milk,” even though they are not derived from cows. By the end of 2016, over two dozen U.S. lawmakers sent a letter to former U.S. Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the use of the term “milk” by plant-based dairy brands.
In January, the Senate proposed 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, which aims to compel the FDA to exclude nut or plant-based milk alternatives from the definition of milk. This is a battle that milk manufacturers are unlikely to abandon anytime soon, and it will be fascinating to observe consumer reactions. It appears improbable that the elimination of the term “milk” will deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many appreciate these options for their taste and lower fat content.
Additionally, some consumers have reported experiencing an upset stomach after consuming certain types of non-dairy milk, particularly those with added calcium citrate. This reaction may influence purchasing decisions as consumers weigh the benefits of plant-based alternatives against potential digestive discomfort. As the debate continues, it remains to be seen how the market will adapt and how consumers will prioritize their preferences and health considerations.