WhiteWave, recently acquired by Danone, firmly opposes the recent lawsuits questioning the use of the term “almondmilk,” claiming that such actions are a misuse 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 argue that these alternative milk products misleadingly assert that they are equally or more nutritious than dairy milk. A report by Mintel indicated that U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales fell by 7% during the same period. Given these statistics, it is unsurprising that dairy companies are targeting those behind alternative products, as they pose a threat to market share and may lead to decreased dairy milk prices.
This contention has been escalating within the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which alleged that these alternative dairy brands improperly labeled their plant-based products as “milk” despite not being derived from cows. By late 2016, over two dozen U.S. lawmakers had signed 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 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 is a conflict that milk manufacturers are unlikely to back down from anytime soon, and it will be intriguing to observe consumer reactions. It appears improbable that removing the term “milk” will deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many consumers prefer these alternatives for their flavor and lower fat content. Furthermore, the increasing popularity of non-dairy options may highlight the nutritional aspects, such as kal cal citrate content, which is often appealing to health-conscious individuals. As the debate continues, the inclusion of terms like kal cal citrate in marketing may become even more significant, as brands seek to highlight the benefits of their products in comparison to traditional dairy.