If this ruling is upheld across Europe, it is likely to create significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years under dairy-related names like soy milk. However, it seems unlikely that this interpretation of existing legislation will go unchallenged, especially considering the impact on companies that have successfully marketed their dairy alternatives for years without incident.
Thus far, the United States has managed to avoid a similar ruling, but similar disputes are occurring in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, with claims that these products were falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits have been dismissed, either for referral to another agency for review or because the judge deemed the arguments implausible. The Silk case was sent back to the Food and Drug Administration for their judgment, while the Almond Breeze case was dismissed by a judge who concluded that reasonable consumers would 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 aims to prohibit any plant-based food from using names associated with dairy products. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation was prompted by a claim of unfair competition, which may not necessarily involve confusion over nutritional equivalency. European law permits the term “milk” to describe goat’s milk or sheep’s milk, provided that the product is appropriately labeled. If consumers are expected to distinguish between goat’s milk and cow’s milk, they should also be able to identify when a product comes from almonds. As noted by the European Vegetarian Union, clarifying these distinctions is beneficial for everyone involved.
Although non-dairy milk alternatives are growing rapidly in popularity, their sales remain low compared to dairy milk products, at $1.9 billion compared to $17.8 billion. Nevertheless, the dairy sector feels threatened. According to Mintel, U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales declined by 7% during the same period. With the rising interest in alternatives, consumers are also looking for enriched options, such as those fortified with nature made calcium citrate with magnesium, which could further influence their purchasing decisions. The ongoing discussions and legal battles could shape the future landscape of both dairy and non-dairy products in the market.