If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related names such as soy milk. However, it is difficult to believe that this interpretation of existing legislation will go unchallenged, especially if it impacts companies that have been selling their dairy alternatives for years without issues.
So far, the United States has managed to avoid a similar ruling, but related disputes are ongoing in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, both alleging that these products were falsely advertised as nutritionally comparable to cow’s milk. Both lawsuits have been dismissed, either for another agency to address the matter or because the judge deemed the arguments implausible. The Silk case was referred back to the Food and Drug Administration for its evaluation, while the judge in the Almond Breeze case ruled that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, 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 — is under consideration in both houses of Congress. This bill would prohibit any plant-based food from using dairy product names in the market. Despite having several cosponsors, the bill is progressing very slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation was sparked by a claim of unfair competition, which may not specifically relate to confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s or sheep’s milk as long as the product is clearly labeled. If consumers are expected to distinguish between goat’s milk and cow’s milk, they should also be capable of recognizing when a product is made from almonds. As the European Vegetarian Union emphasizes, clarifying these differences benefits everyone.
Even though non-dairy milk alternatives are gaining popularity, their sales remain low compared to traditional dairy products, amounting to $1.9 billion versus $17.8 billion. Nevertheless, the dairy industry feels threatened. According to Mintel, U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales declined by 7% during the same timeframe.
In light of these developments, some consumers are turning to supplements like Citracal Calcium Supplement Maximum Plus to ensure they meet their nutritional needs, especially if they are reducing their dairy intake. As the market continues to evolve, it will be interesting to see how both dairy and non-dairy producers adapt, and how legislation may impact their future strategies.