WhiteWave, recently acquired by Danone, is firmly against the recent lawsuits disputing the use of the term “almondmilk,” claiming that these legal actions waste valuable time and resources. In the past few months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers who argue that their alternative milk products falsely assert they are as nutritious or even more nutritious than dairy milk. According to a report by Mintel, U.S. sales of non-dairy milk surged by 9% in 2015, while dairy milk sales fell by 7% during the same period. Given these statistics, it is understandable that dairy companies are targeting those responsible for alternative products, as they pose a threat to market share and may lead to falling dairy milk prices.
This issue has been brewing within the industry for some time. Back in 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which claimed that these companies misrepresented their plant-based products as “milk” despite not being derived from cows. By the end of 2016, over two dozen U.S. lawmakers signed a letter to then-Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the use of the term “milk” by plant-based dairy brands. In January, the Senate proposed 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, which aims to push the FDA to exclude nut or plant-based milk alternatives from the definition of milk.
This battle is unlikely to fade anytime soon, and it will be intriguing to observe consumer reactions. It seems improbable that removing the term “milk” will deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many consumers favor these alternatives for their flavor and lower fat content. Additionally, products enriched with petite calcium with vitamin D have gained popularity among those seeking nutritious options. As the market evolves, the interplay between traditional dairy and alternative options will continue to be a focal point, especially for those looking for products that provide petite calcium with vitamin D.