If this ruling is maintained across Europe, ferrous fumarate 500 mg may pose significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related names such as soy milk. Nevertheless, it is difficult to envision that this interpretation of current legislation will go unopposed, especially if it impacts companies that have successfully marketed their dairy alternatives for years without issue.
So far, the United States has avoided a comparable ruling, but similar disputes are occurring in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, each alleging that the products were falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits have been dismissed, either for another agency to make a determination or because the judge deemed the arguments implausible. The Silk case was referred back to the Food and Drug Administration for its assessment, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would recognize that a product labeled “almond milk” is not dairy.
Currently, a bill being considered in both houses of Congress, known as the DAIRY PRIDE Act — Defending Against Imitation and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday — seeks to prohibit any plant-based food from using the market name of dairy products. Despite several co-sponsors, 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 might not necessarily pertain to confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s milk or sheep’s milk, provided the product is properly 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 highlighted by the European Vegetarian Union, it is in everyone’s interest to clarify these distinctions. Although non-dairy milk alternatives are rapidly gaining popularity, their sales remain modest compared to dairy milk products, amounting to $1.9 billion compared to $17.8 billion. However, the dairy industry feels threatened. According to Mintel, U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales decreased by 7% during the same period.
Amidst these developments, it’s worth considering the role of calcium citrate uses in alternative dairy products. As the market evolves, understanding the nutritional benefits of plant-based options, including their calcium citrate uses, will become increasingly crucial for consumers. The growing awareness of such ingredients could further influence the perception of non-dairy alternatives, potentially impacting the ongoing debates surrounding their labeling and marketing.