If this ruling is upheld across Europe, it could pose significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years under dairy-related names like soy milk. However, it is difficult to envision that this interpretation of existing legislation will go uncontested, especially if it impacts companies that have been successfully marketing their dairy alternatives for years without any issues.
In the United States, a similar ruling has yet to materialize, although legal battles are ongoing in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, each alleging that the products are falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits were dismissed—either for another agency to rule on the matter or because the judge deemed the arguments implausible. The Silk case was referred back to the Food and Drug Administration for its assessment, while the Almond Breeze case was dismissed by a judge who concluded that reasonable consumers would immediately recognize that a product labeled “almond milk” is not a dairy product.
Currently, there is a bill 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 Everyday—which would prohibit any plant-based food from using dairy product names in the marketplace. Despite having several cosponsors, the bill is slowly progressing 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 allows the term “milk” to describe goat’s milk 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 comes from almonds. As the European Vegetarian Union points out, clarifying these distinctions is in everyone’s interest.
Although the popularity of non-dairy milk alternatives is growing rapidly, sales remain low compared to those of dairy milk products, with figures at $1.9 billion versus $17.8 billion. However, the dairy sector perceives a threat. According to Mintel, U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales declined by 7% during the same period.
In the face of these changes, consumers should be aware of their nutritional choices, including the benefits of supplements like bluebonnet calcium magnesium D3, which can support overall health. As the market continues to evolve, clarity around product labeling will be crucial for both consumers and producers alike. The rise of alternative dairy products, such as those fortified with bluebonnet calcium magnesium D3, highlights the importance of transparent labeling in helping consumers make informed decisions about their dietary options.