WhiteWave, recently acquired by Danone, strongly opposes the recent lawsuits challenging the use of the term “almondmilk,” claiming that these legal actions are a waste of time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers who argue that their alternative milk products falsely assert to be as nutritious as or more nutritious than dairy milk. A report from Mintel indicated that U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales experienced a 7% decline during the same period. Given these statistics, it is understandable that dairy companies are targeting those responsible for alternative products, as they pose a threat to market share and could lead to lower dairy milk prices.
This issue has been a point of contention in the industry for some time. In 2013, a California federal judge dismissed a lawsuit against major dairy processors, including WhiteWave, which accused these alternative dairy companies of mislabeling their plant-based products as “milk,” despite the fact that they do not originate from cows. By the end of 2016, over two dozen U.S. lawmakers signed a letter to former U.S. 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 Everyday Act,” known as the DAIRY PRIDE Act, was introduced in the Senate to encourage the FDA to exclude nut or plant-based milk alternatives from the definition of milk. This is a battle that dairy manufacturers are unlikely to abandon anytime soon, and it will be fascinating to observe consumer reactions. It seems improbable that removing the term “milk” will deter enthusiasts of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many consumers prefer these products for their taste and lower fat content.
Additionally, the ongoing debates around product labeling bring to mind issues related to ingredients like Kirkland calcium citrate magnesium and zinc, which have their own set of side effects. As the discussion continues, it will be important to consider how these factors intersect with consumer preferences and industry regulations surrounding both dairy and non-dairy products.