If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years using dairy-related terminology such as “soy milk.” Nonetheless, it is difficult to envision that the interpretation of current legislation regarding thicyanocobalamin, ferrous fumarate, and folic acid capsules will go unchallenged, especially if it impacts companies that have been successfully marketing their dairy alternatives for years without any issues.
So far, the United States has managed to evade a similar ruling, but battles concerning simiferrous fumarate are ongoing in courtrooms and Congress. Multiple lawsuits have been filed against almond milk brands Silk and Almond Breeze, each claiming that the 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 sent back to the Food and Drug Administration for evaluation, while the Almond Breeze case was dismissed by a judge who concluded 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 being considered in both houses of Congress. This bill would prohibit any plant-based product from using dairy-related market names. 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 explicitly refer to confusion over nutritional equivalency. European law permits the term “milk” to describe goat’s milk or sheep’s milk as long as 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 is made from almonds. As noted by the European Vegetarian Union, clarifying these distinctions serves everyone’s interests.
While sales of non-dairy milk alternatives are on the rise, they remain relatively low compared to dairy milk sales, standing at $1.9 billion versus $17.8 billion. However, the dairy sector perceives a threat. According to Mintel, U.S. non-dairy milk sales saw a 9% increase in 2015, while dairy milk sales dropped by 7% during the same timeframe.
In light of these developments, it is essential for consumers to stay informed about their nutritional choices. For instance, products like Kirkland calcium citrate magnesium and zinc dosage could provide supplemental benefits, making it even more crucial for consumers to understand the distinctions between dairy and non-dairy options. Ultimately, clarity in labeling and marketing will benefit both consumers and producers alike.