WhiteWave, now owned by Danone, is firmly opposed to recent lawsuits questioning the labeling of “almond milk,” deeming it a misuse of time and resources. Over the last few months, both WhiteWave Foods and Blue Diamond Growers, producer of Almond Breeze, have faced class-action lawsuits from consumers asserting that these alternative milk products misleadingly claim to be as nutritious, or more so, than traditional 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 logical for dairy companies to target those behind alternative products, as they pose a threat to market share and contribute to the decline in dairy milk prices.
This ongoing dispute has been brewing in the industry for quite some time. In 2013, a California federal judge dismissed a lawsuit against major dairy processors, including WhiteWave, which accused these companies of mislabeling their plant-based dairy alternatives as “milk,” despite them not being derived from cows. By the end of 2016, more than two dozen U.S. lawmakers signed a letter to former FDA Commissioner Robert Califf, urging the agency to investigate the use of the term “milk” by plant-based dairy brands.
In January, the proposed “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act,” known as the DAIRY PRIDE Act, was introduced in the Senate to compel the FDA to exclude nut- or plant-based milk alternatives from being classified as milk. This battle is one that dairy manufacturers are unlikely to abandon soon, and it will be intriguing to observe consumer reactions. It seems improbable that the removal of the term “milk” will deter enthusiasts of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many prefer these options for their taste and lower fat content.
Additionally, there are concerns regarding the nutritional aspects of these alternatives, particularly in relation to calcium citrate and constipation. While many consumers seek out nut-based milks for their flavor, they must also consider whether these products provide adequate calcium citrate, which is essential for bone health. The ongoing discourse surrounding these alternatives will undoubtedly shape consumer choices, as they weigh the benefits of taste against their nutritional needs, including the risk of constipation related to calcium intake.