If this ruling is maintained across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed using dairy-related names like soy milk. However, it seems unlikely that this interpretation of existing legislation will go unchallenged, especially if it impacts companies that have successfully marketed their dairy alternatives for many 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 have been filed against almond milk brands Silk and Almond Breeze, each asserting that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. Both lawsuits were dismissed, either for another agency to evaluate 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 concluded that reasonable consumers would readily recognize that a product labeled “almond milk” is not dairy.
Currently, a bill known as the DAIRY PRIDE Act — Defending Against Imitation and Replications of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday — is under consideration in both houses of Congress. This legislation would prohibit any plant-based food from using dairy product names in the marketplace. Despite having several cosponsors, the bill is slowly making its way 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 about nutritional equivalency. European law permits the term “milk” to be used for goat’s milk or sheep’s milk, provided the product is 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 originates from almonds. As highlighted by the European Vegetarian Union, it is beneficial for all parties involved to clarify these distinctions.
Although the popularity of non-dairy milk alternatives is rapidly rising, their sales remain relatively low compared to dairy milk products, totaling $1.9 billion versus $17.8 billion. However, the dairy industry perceives a threat. According to Mintel, U.S. sales of non-dairy milk surged by 9% in 2015, while dairy milk sales declined by 7% during the same timeframe.
In the context of these discussions, the nutritional content of non-dairy alternatives is noteworthy. For instance, calcium citrate, often included in plant-based milks, provides an essential source of calcium, with some products containing up to 667 mg per serving. This highlights that while non-dairy alternatives are increasingly popular, they continue to face scrutiny regarding their nutritional equivalency to traditional dairy products.