WhiteWave, recently acquired by Danone, has firmly expressed its position against the ongoing lawsuits that challenge the use of the term “almond milk,” deeming them a waste of time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers who allege that these alternative milk products falsely claim to be as nutritious, or even more so, than dairy milk. A report from Mintel indicated that U.S. non-dairy milk sales surged by 9% in 2015, while sales of dairy milk declined by 7% during the same period. Given these statistics, it’s understandable that dairy companies are targeting those behind alternative products, as they pose a threat to market share and could contribute to falling dairy milk prices.
This controversy has been brewing in the industry for quite some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy companies, including WhiteWave, which accused these alternative dairy firms of mislabeling their plant-based products as “milk” despite not being derived from cows. By the end of 2016, over two dozen U.S. lawmakers sent a letter to former U.S. Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the usage 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 compel the FDA to exclude nut or plant-based milk alternatives from the definition of milk. This battle is one that milk manufacturers are unlikely to abandon anytime soon, and it will be intriguing to see how consumers react. It seems improbable that the removal of the term “milk” will deter fans 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, the debate touches on the nutritional aspect of these alternatives, particularly concerning calcium citrate forms. Many consumers are increasingly aware of the nutritional benefits, including the presence of calcium citrate forms, in both dairy and non-dairy options. As the market evolves, the emphasis on calcium citrate forms in these products may continue to influence consumer choices and preferences.