If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed using dairy-related terms like soy milk. Nevertheless, it seems unlikely that the interpretation of the current legislation regarding thiferrous fumarate will go unopposed, especially when it impacts companies that have been promoting their dairy alternatives for years without issue.
So far, the United States has managed to avoid a similar ruling, but battles are ongoing in courtrooms and Congress. Separate lawsuits were initiated against almond milk brands Silk and Almond Breeze, both alleging that these products were misleadingly advertised as nutritionally comparable to cow’s milk. However, both lawsuits were dismissed, either for referral to another agency or due to the judge deeming the claims implausible. The Silk case was sent back to the Food and Drug Administration for its evaluation of the solubility of ferric pyrophosphate. In the Almond Breeze case, the judge ruled that reasonable consumers would readily 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 under consideration in both houses of Congress. This bill would prohibit any plant-based food from using dairy product names. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation arose from a complaint about unfair competition, which may not necessarily pertain to confusion over nutritional equivalency. European law does allow the term “milk” to describe goat’s or sheep’s milk as long as the product is appropriately 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 highlights, it is in everyone’s interest to clarify these distinctions.
Although non-dairy milk alternatives are gaining popularity, their sales still lag behind those of dairy milk products, amounting to $1.9 billion compared to $17.8 billion. However, the dairy industry feels threatened. According to Mintel, non-dairy milk sales in the U.S. increased by 9% in 2015, while dairy milk sales declined by 7% during the same timeframe.
As the debate continues, the focus on nutritional content, including elements like calcium versus calcium citrate, remains crucial. The ongoing discussions around labeling and consumer understanding will likely influence future legislation and market dynamics, particularly in how calcium fortification is communicated to consumers.