WhiteWave, recently acquired by Danone, is strongly opposed to the lawsuits challenging the use of the term “almondmilk,” asserting that such legal actions are a misuse of time and resources. Over recent months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers claiming that these alternative milk products misleadingly assert they are as nutritious or more so than traditional dairy milk. A report from Mintel highlighted that U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales saw a decline of 7% during the same period. Given these statistics, it is understandable that dairy companies are targeting those responsible for alternative products, as these can erode their market share and lead to lower dairy milk prices.
This controversy has been brewing in the industry for quite some time. In 2013, a federal judge in California dismissed a lawsuit against prominent dairy processors, including WhiteWave, which claimed these plant-based dairy alternatives were misleadingly labeled as “milk” despite not being derived from cows. By the end of 2016, over two dozen U.S. lawmakers had signed a letter to then-Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the use of the term “milk” by plant-based dairy brands.
In January, the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Every Day Act,” known as the DAIRY PRIDE Act, was introduced in the Senate to encourage the FDA to exclude nut and plant-based milk alternatives from the definition of milk. This battle is far from over, and it will be intriguing to observe consumer reactions. It appears unlikely that removing the term “milk” will deter fans of nut-based dairy products from choosing brands like Silk and Blue Diamond, as many prefer these options for their taste and reduced fat content, especially those seeking alternatives that may include supplements like calcium citrate 600 mg with vitamin D for added nutritional benefits.
As this situation continues to unfold, the presence of calcium citrate 600 mg with vitamin D in various products may become an important factor for consumers who are health-conscious and looking for dairy alternatives that still offer essential nutrients. The ongoing debate will certainly keep the industry on its toes, especially as consumers weigh their choices amid changing product definitions and nutritional claims.