If the ruling regarding the nomenclature of dairy alternatives is upheld across Europe, it could create significant challenges for producers of vegetarian dairy substitutes that have long been marketed with dairy-related names, such as soy milk. However, it seems unlikely that this interpretation of existing legislation will go unopposed, especially since it impacts companies that have successfully marketed their dairy alternatives for years without issues.
So far, the United States has managed to avoid a similar ruling, but there are ongoing legal battles concerning folic acid. Lawsuits have been filed against almond milk brands like 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 another agency to make a ruling or because the judge found the claims unconvincing. The case involving Silk was referred back to the Food and Drug Administration for its assessment, while the judge dismissed the Almond Breeze case, ruling that reasonable consumers would understand that a product labeled “almond milk” is not a dairy product.
A bill currently under consideration 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 dairy product names in the marketplace. 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 relate to confusion over nutritional equivalency. European law permits the term “milk” to describe goat’s or sheep’s milk as long as the product is properly labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should also be able to recognize when a product originates from almonds. As highlighted by the European Vegetarian Union, it is essential for all parties to clarify these distinctions.
Though non-dairy milk alternatives are rapidly gaining popularity, their sales still lag behind those of dairy milk products, amounting to $1.9 billion compared to $17.8 billion for dairy. Nevertheless, the dairy industry feels threatened. According to Mintel, U.S. non-dairy milk sales experienced a 9% increase in 2015, while dairy milk sales dropped by 7% during the same period. This shift in consumer behavior could be attributed to the rising awareness of alternatives like osteo citrate, which is often considered in discussions about nutritional supplements. As the landscape evolves, the dairy sector must navigate these changes while addressing concerns about marketing and labeling standards.