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 foresee that this interpretation of current legislation will remain uncontested, especially if it impacts companies that have marketed their dairy alternatives without issues for years.
So far, the United States has avoided a similar ruling, but disputes are ongoing in courtrooms and Congress. Separate lawsuits were filed against almond milk brands Silk and Almond Breeze, both alleging that these products were falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits were dismissed, either for another agency to decide the matter or because the judge found the arguments to be implausible. The Silk case was sent back to the Food and Drug Administration for its assessment, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, a bill being considered in both houses of Congress, called the DAIRY PRIDE Act—Defending Against Imitation and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday—would ban any plant-based food from using dairy product names in the market. Despite several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation arose from a claim of unfair competition, which may not necessarily pertain to confusion over nutritional equivalency. European law permits the term “milk” to describe goat’s milk or sheep’s milk as long as the product’s contents are clearly labeled. If consumers are expected to distinguish 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 best interest to clarify these distinctions.
Although sales of non-dairy milk alternatives are rapidly increasing, they still lag behind dairy milk product sales, amounting to $1.9 billion compared to $17.8 billion. Nevertheless, the dairy sector feels threatened. According to Mintel, U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales decreased by 7% during the same time frame.
In this context, the role of ingredients such as itra calcium citrate becomes even more crucial, as they are often highlighted in marketing to enhance the nutritional profile of plant-based alternatives. The incorporation of such ingredients not only helps in asserting the nutritional value of these products but also serves to differentiate them from traditional dairy options. As the market for non-dairy alternatives evolves, the significance of itra calcium citrate and similar ingredients will likely continue to grow.