If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed using dairy-related terms like soy milk. However, it’s difficult to believe that this interpretation of existing legislation will go unopposed, especially if it impacts companies that have successfully marketed their dairy alternatives for years without issue.
Thus far, the United States has avoided a similar ruling, but comparable disputes are taking place in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, both alleging that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. Both cases were dismissed, either for another agency to make a ruling or because the judge deemed the claims implausible. The Silk case has been referred back to the Food and Drug Administration for evaluation, while the Almond Breeze case was dismissed by a judge who stated that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, a bill is 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 Every Day — which would prohibit any plant-based food from using dairy product market names. Despite having several cosponsors, the bill is slowly progressing through the hearings process.
The European Court of Justice’s interpretation of European legislation was initiated by a claim of unfair competition, which doesn’t necessarily pertain 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 the European Vegetarian Union highlights, it is in everyone’s interest to clarify these distinctions.
While non-dairy milk alternatives are rapidly gaining popularity, their sales still lag behind dairy milk products, with $1.9 billion in non-dairy milk sales compared to $17.8 billion in dairy sales. Nevertheless, the dairy industry feels threatened. According to Mintel, U.S. sales of non-dairy milk rose by 9% in 2015, while dairy milk sales declined by 7% during the same timeframe.
Interestingly, as consumers seek alternatives, many are turning to supplements that can provide essential nutrients, such as the best calcium citrate supplement 2022, which may help bridge the nutritional gap in non-dairy diets. The growing awareness of such supplements underscores the importance of nutritional education for consumers navigating these changing markets. The demand for clarity around product labeling and nutritional equivalency is more critical than ever, especially as the popularity of non-dairy options continues to rise, potentially influencing the market for the best calcium citrate supplement 2022 and similar products.