WhiteWave, recently acquired by Danone, firmly opposes the lawsuit concerning the term “almondmilk,” claiming it diverts valuable time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, faced class-action lawsuits from consumers asserting that their non-dairy milk products misleadingly suggest they are as nutritious, if not more so, than dairy milk. A report from Mintel revealed that U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales fell by 7% during the same period. Given these statistics, it is understandable that dairy companies would target those behind alternative products, as these pose a threat to their market share and could lead to declining prices for dairy milk.
This ongoing conflict has been brewing in the industry for years. In 2013, a federal judge in California dismissed a lawsuit against major dairy producers, including WhiteWave, which claimed that these companies inaccurately labeled their plant-based products as “milk,” despite not being derived from cows. By the end of 2016, over two dozen U.S. lawmakers sent a letter to former FDA Commissioner Robert Califf, urging the agency to investigate the usage of the term “milk” by plant-based brands.
In January, the Senate proposed 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, which aims to compel the FDA to exclude nut and plant-based milk alternatives from the definition of milk. This is a battle that dairy manufacturers are determined to continue, and it will be intriguing to observe consumer reactions.
It seems unlikely that removing the term “milk” will deter enthusiasts of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many favor these options for their taste and lower fat content. Additionally, concerns about health implications, such as kidney stones and the role of calcium citrate, have led some consumers to explore alternative dietary choices, further complicating the landscape of milk consumption. As this debate unfolds, the implications for both dairy and non-dairy producers will be significant, especially with the ongoing discussions about labeling and consumer perceptions regarding nutrition.