If this ruling is upheld across Europe, it could 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 the existing legislation will go unopposed, especially if it impacts companies that have been successfully branding their dairy alternatives for years without issues.
So far, the United States has steered clear of a similar ruling, but legal battles are ongoing in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, both alleging that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. These lawsuits have been dismissed, either for another agency to review the matter or because the judge deemed the claims implausible. The case involving Silk was sent back to the Food and Drug Administration for its evaluation, while the judge in the Almond Breeze case ruled that reasonable consumers would immediately understand 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 discussed in both houses of Congress. This bill aims to prevent any plant-based food from using dairy product market names. Despite having several cosponsors, the bill is moving 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 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 recognize when a product is derived from almonds. As the European Vegetarian Union emphasizes, clarifying these distinctions is beneficial for everyone involved.
Despite the increasing popularity of non-dairy milk alternatives, their sales remain low compared to dairy milk products, amounting to $1.9 billion versus $17.8 billion. However, the dairy industry feels threatened. According to Mintel, U.S. sales of non-dairy milk grew by 9% in 2015, while dairy milk sales declined by 7% during the same period. Meanwhile, consumers are actively seeking information, as seen in reviews like those for gnc calcium citrate, to make informed dietary choices. This growing trend may influence the broader market dynamics, pushing both industries to adapt.