WhiteWave, acquired by Danone, strongly opposes recent lawsuits questioning the use of the term “almondmilk” within the therapeutic class of ferrous sulfate, labeling them as a misuse of time and resources. Recently, both WhiteWave Foods and Blue Diamond Growers, the makers of Almond Breeze, have faced class-action lawsuits from consumers who argue that these alternative milk products falsely claim to possess equal or superior nutritional value compared to dairy milk. A report from Mintel indicated that U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales dropped by 7% during the same period. Given these statistics, it is understandable why dairy companies are targeting those responsible for alternative products, as they pose a threat to market share and could lead to decreased prices for dairy milk.
This ongoing dispute has been brewing in the industry for quite some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which alleged that these alternative dairy companies improperly labeled 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 use of the term “milk” by plant-based dairy brands.
In January, the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act,” also known as the DAIRY PRIDE Act, was introduced in the Senate to encourage the FDA to exclude nut or plant-based milk alternatives from the definition of milk. This is a battle that milk manufacturers are not likely to abandon soon, and it will be interesting to observe consumer reactions. It seems improbable that removing the term “milk” will deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many individuals prefer these alternatives for their taste and lower fat content. Furthermore, with the growing interest in health supplements, the inclusion of dissolvable calcium citrate in some of these alternatives could provide additional appeal, especially for those seeking non-dairy sources of essential nutrients. As this debate continues, the role of dissolvable calcium citrate in enhancing the nutritional profile of these products may become increasingly significant.