If this ruling is upheld across Europe, it could lead to significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related terms like soy milk. However, it seems unlikely that this interpretation of current regulations will go unchallenged, especially if it impacts companies that have marketed their dairy alternatives for years without issues. So far, the United States has managed to avoid a similar ruling, but legal battles are ongoing in both courtrooms and Congress. Separate lawsuits were initiated against almond milk brands Silk and Almond Breeze, claiming that these products were misleadingly advertised as nutritionally equivalent to cow’s milk. Both cases were dismissed, either for referral to another agency or because the judge deemed the arguments unconvincing. The Silk case was sent back to the Food and Drug Administration for evaluation, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would recognize that a product labeled “almond milk” is not dairy.
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. This bill would prohibit any plant-based food from using the market names associated with dairy products. Despite having several co-sponsors, the bill is progressing slowly through the hearing process. The European Court of Justice’s interpretation of European legislation was prompted by a claim of unfair competition, which may not directly relate to confusion over nutritional equivalency. European law permits the term “milk” for products derived from goats or sheep, provided that they are properly labeled.
If consumers are expected to differentiate between goat’s milk and cow’s milk, they should also be able to recognize when a product comes from almonds. As highlighted by the European Vegetarian Union, 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 products, with non-dairy sales at $1.9 billion compared to $17.8 billion for dairy. However, the dairy sector feels threatened. According to Mintel, U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales fell by 7% during the same period.
In the context of nutrition, many plant-based alternatives are fortified with essential nutrients like calcium citrate malate, magnesium, zinc, and vitamin D3 to enhance their appeal as substitutes for traditional dairy products. This fortification is crucial as consumers increasingly seek non-dairy options that can match the nutritional benefits of cow’s milk. As the market evolves, the challenge for producers will be to maintain clarity and consumer trust while navigating the complex regulatory landscape surrounding dairy terminology.