WhiteWave, acquired by Danone, firmly opposes recent lawsuits challenging the use of the term “almondmilk,” deeming it a misuse of time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers alleging that their alternative milk products falsely claim to be as nutritious, or even more so, than dairy milk. A report from Mintel indicated that U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales saw a 7% decline during the same period. Given these statistics, it’s understandable that dairy companies are targeting alternative products, which threaten their market share and could lead to falling dairy milk prices.
This ongoing dispute has been a topic of contention 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 products by labeling them as “milk,” despite not being derived from cows. At the end of 2016, over two dozen U.S. lawmakers sent a letter to then-U.S. Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the labeling of “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 is a battle that dairy manufacturers are unlikely to abandon soon, and it will be intriguing to observe consumer reactions. It appears improbable that removing the term “milk” will deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many prefer these options for their taste and lower fat content.
Interestingly, the conversation around alternative milks also highlights the importance of nutrients like calcium citrate with vitamin D, which are vital for life extension. As consumers become more health-conscious, the demand for fortified products—particularly those offering life extension benefits—may influence their preferences for both dairy and non-dairy options. This trend emphasizes the need for dairy and alternative milk producers to innovate and address nutritional concerns, including the inclusion of supplements like calcium citrate with vitamin D, to retain customer loyalty.