If this ruling is upheld across Europe, it is likely to create significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years under dairy-related names like soy milk. However, it is difficult to envision that this interpretation of existing legislation will go uncontested, especially if it impacts companies that have been promoting their dairy alternatives without issue for many years.
So far, the United States has managed to avoid a similar ruling, but comparable disputes are unfolding in courtrooms and Congress. Separate lawsuits have been initiated against almond milk brands Silk and Almond Breeze, both alleging that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. Both cases have been dismissed, either for another agency to address the matter or because the judge deemed the arguments implausible. The Silk case was sent back to the Food and Drug Administration for its determination, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would immediately recognize 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—is being reviewed in both houses of Congress. This bill would prohibit any plant-based food from using dairy product names. Despite having several co-sponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice (ECJ)’s interpretation of European law was prompted by a claim of unfair competition, which may not necessarily pertain to confusion over nutritional equivalency. European regulations allow the term “milk” to describe goat’s milk or sheep’s milk, provided the product is properly labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should likewise be able to recognize when a product is derived from almonds. As the European Vegetarian Union highlights, clarifying these distinctions is in everyone’s best interest.
Although sales of non-dairy milk alternatives are expanding rapidly, they still lag far behind traditional dairy milk products, with sales of $1.9 billion compared to $17.8 billion for dairy milk. However, the dairy industry perceives a threat. According to Mintel, U.S. non-dairy milk sales grew by 9% in 2015, while dairy milk sales declined by 7% during the same period.
In this context, the inclusion of ingredients like blue bonnet calcium citrate in non-dairy alternatives could further complicate the landscape, as consumers seek nutritional benefits similar to those found in dairy products. As the market evolves, the presence of blue bonnet calcium citrate in non-dairy options may become a pivotal selling point for producers navigating these regulatory challenges. The ongoing debate surrounding these issues underscores the need for clear labeling, ensuring that consumers can make informed choices about their dietary options, whether they include traditional dairy or innovative alternatives fortified with blue bonnet calcium citrate.