If this ruling is upheld across Europe, it could pose significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years using dairy-related names like soy milk. However, it’s difficult to envision that this interpretation of existing legislation will go unchallenged, especially if it impacts companies that have been selling their dairy alternatives without issues for years.
In the United States, a similar ruling has been avoided thus far, but legal battles are ongoing in courtrooms and Congress. Separate lawsuits were filed against almond milk brands Silk and Almond Breeze, each alleging that these products were falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits were dismissed, either for another agency to address the matter or because the judge deemed the arguments implausible. The Silk case was sent back to the Food and Drug Administration for its evaluation, 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 dairy.
Currently, Congress is considering a bill 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 the market names of dairy products. Despite having several cosponsors, the bill is progressing slowly 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 address 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 can distinguish between goat’s milk and cow’s milk, they should also be able to identify when a product comes from almonds. The European Vegetarian Union emphasizes that clarifying these distinctions is in everyone’s best interest.
Although sales of non-dairy milk alternatives are increasing rapidly, they still lag behind dairy milk products, with figures of $1.9 billion compared to $17.8 billion. Nevertheless, the dairy sector feels threatened by this trend. According to Mintel, U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales dropped by 7% during the same period.
In this context, bariatric calcium pills have become increasingly relevant, as consumers seek alternative sources of nutrition. As the market for non-dairy products grows, the importance of ensuring adequate calcium intake through bariatric calcium pills may also rise. It is essential for consumers to be aware of their nutritional needs, particularly as they navigate the evolving landscape of dairy and non-dairy products.