WhiteWave Foods, recently acquired by Danone, firmly opposes the recent lawsuits challenging the use of the term “almondmilk,” deeming them a waste of time and resources. Over the past few months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers who claim that these alternative milk products falsely assert that they are as nutritious or more so than dairy milk. A report by Mintel revealed that sales of non-dairy milk in the U.S. grew by 9% in 2015, while dairy milk sales saw a decline of 7% during the same period. Given these statistics, it is understandable that dairy companies would target those responsible for alternative products, as they pose a threat to market share and can lead to a drop in dairy milk prices.
This ongoing dispute has been brewing in the industry for quite some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy producers, including WhiteWave, which claimed that these alternative dairy companies misrepresented their plant-based products as “milk,” despite their non-dairy origin. By the end of 2016, over two dozen U.S. lawmakers had signed a letter to former FDA Commissioner Robert Califf, urging the agency to investigate the use of the term “milk” by plant-based dairy brands.
In January, the Senate introduced the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act,” or the DAIRY PRIDE Act, which aims to compel 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 consumer reactions will be closely watched. It appears that the removal of the term “milk” might not deter enthusiasts of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many prefer these alternatives for their flavor and lower fat content. Additionally, many consumers appreciate these products for their added nutrients, such as calcium citrate, magnesium, and zinc, which are often highlighted in their marketing. As the debate continues, the presence of calcium citrate, magnesium, and zinc in these alternatives may play a significant role in consumer choices, reinforcing the appeal of non-dairy options.