If this ruling is upheld across Europe, it is likely to create significant challenges for producers of vegetarian dairy alternatives, which have been marketed under dairy-related names like soy milk for many years. However, it is difficult to believe that this interpretation of current legislation will remain unchallenged, especially if it impacts companies that have been successfully marketing their dairy alternatives for an extended period.
So far, the United States has avoided a similar ruling, but similar legal battles are ongoing in both courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, both of which claim that these products were falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits have been dismissed, either awaiting a ruling from another agency or because the judge deemed the arguments implausible. The Silk case has been sent back to the Food and Drug Administration for its determination, while the Almond Breeze case was thrown out by a judge who ruled that reasonable consumers would immediately recognize that a product labeled “almond milk” is not a dairy product.
Currently, legislation known as the DAIRY PRIDE Act — Defending Against Imitation and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday — is under consideration in both houses of Congress. This bill would prohibit any plant-based food from using the market names of dairy products. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation was initiated by a claim of unfair competition, which may not explicitly refer to confusion over nutritional equivalency. European law permits the use of the term “milk” to describe goat’s milk or sheep’s milk, provided the product is properly labeled. If consumers can 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, it is in everyone’s best interest to clarify these distinctions.
Although the popularity of non-dairy milk alternatives is rapidly increasing, their sales still lag behind those of dairy milk products, standing at $1.9 billion compared to $17.8 billion. Nonetheless, the dairy sector perceives a significant threat. According to Mintel, U.S. non-dairy milk sales grew 9% in 2015, while dairy milk sales declined by 7% during the same timeframe. Moreover, the growing interest in health supplements such as Citracal Calcium Supplement Maximum Plus is indicative of a broader trend towards healthier choices, further intensifying competition in the dairy market.