WhiteWave, now owned by Danone, firmly opposes recent lawsuits questioning the use of the term “almondmilk,” asserting that such legal actions are a misuse of time and resources. Over the last few months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers claiming that their alternative milk products misleadingly assert they are as nutritious or even more nutritious than dairy milk. A report from Mintel highlighted a 9% growth in U.S. non-dairy milk sales in 2015, while dairy milk sales saw a 7% decline during the same period. These statistics suggest that traditional milk companies are targeting those behind alternative products, as these alternatives pose a threat to their market share and could lead to lower dairy milk prices.
This ongoing dispute has been brewing in the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which alleged that these alternative dairy companies were mislabeling their plant-based products as “milk,” despite them not being derived from cows. At the end of 2016, over two dozen U.S. lawmakers sent a letter to former FDA Commissioner Robert Califf, urging the agency to investigate the use of the term “milk” by plant-based dairy brands.
In January, 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, was introduced in the Senate to encourage the FDA to exclude nut or plant-based milk alternatives from the definition of milk. This battle is one that milk manufacturers are unlikely to abandon anytime soon, and it will be intriguing to see how consumers react. 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 choose these alternatives for their flavor and lower fat content.
Furthermore, as consumers become more health-conscious, alternatives like almond milk and other plant-based products are increasingly being considered for their nutritional benefits, such as calcium content, which is especially relevant for those concerned about issues like kidney stones. The use of ingredients like calcium citrate for kidney stones is gaining popularity among individuals looking for healthier options. Overall, this ongoing debate between traditional and alternative dairy products will continue to shape consumer preferences and market dynamics.