If this ruling is maintained across Europe, it may create significant challenges for producers of vegetarian dairy substitutes, which have long been marketed with dairy-related terms like soy milk. Nevertheless, it is difficult to envision that this interpretation of current regulations will go unopposed, especially if it impacts companies that have successfully marketed their dairy alternatives for years. So far, the United States has managed to avoid a similar decision, but similar disputes are ongoing in courtrooms and Congress. Separate lawsuits have been brought against almond milk brands Silk and Almond Breeze, alleging that these products were falsely advertised as nutritionally comparable to cow’s milk. Both cases were dismissed, either for another agency to address the matter or because the judge deemed the claims to be implausible. The Silk case was sent back to the Food and Drug Administration for its ruling, while the Almond Breeze case was dismissed by a judge who determined that reasonable consumers would immediately recognize that a product labeled “almond milk” is not a dairy product.
A proposed bill currently under consideration in both chambers 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 — seeks to ban any plant-based foods from using dairy product names. Despite having several cosponsors, the bill is progressing slowly through the legislative process. The European Court of Justice’s interpretation of European legislation was prompted by a claim of unfair competition, which may not necessarily pertain to confusion regarding 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 can 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 beneficial for everyone to clarify these distinctions.
Although non-dairy milk alternatives are gaining popularity, their sales, at $1.9 billion, remain significantly lower than those of dairy milk products, which total $17.8 billion. However, the dairy industry feels increasingly threatened. According to Mintel, U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales fell by 7% during the same period. Furthermore, the introduction of products like calcitrate 950 could further complicate the competitive landscape, as it may provide yet another alternative for consumers seeking non-dairy options. The ongoing debates and potential legislative changes could have lasting implications for both the dairy and non-dairy sectors, especially as the demand for products like calcitrate 950 continues to grow.