If this ruling is maintained 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 such as soy milk and almond milk. However, it is difficult to envision that this interpretation of existing legislation will go unchallenged, especially if it impacts companies that have successfully marketed their dairy alternatives for years without any issues.
In the United States, a similar ruling has yet to emerge, but legal battles are occurring in courtrooms and within Congress. Separate lawsuits were filed against almond milk brands Silk and Almond Breeze, both claiming that the products were misleadingly advertised as nutritionally comparable to cow’s milk. Both cases have been dismissed—one awaiting a ruling from another agency and the other rejected by a judge who deemed the arguments unconvincing. The Silk case was referred back to the Food and Drug Administration for further evaluation, while the Almond Breeze lawsuit was thrown out because the judge ruled that reasonable consumers would 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 being considered in both houses of Congress. This legislation would prohibit any plant-based products from using dairy-related market names. Despite having several cosponsors, the bill is slowly progressing through the hearings process.
The European Court of Justice’s interpretation of European legislation was prompted by a claim of unfair competition, which may not necessarily pertain to confusion regarding nutritional equivalency. European law permits the term “milk” to describe goat’s milk or sheep’s milk as long as the products are properly labeled. If consumers are expected to distinguish between goat’s milk and cow’s milk, they should also be able to identify when a product is derived from almonds. As the European Vegetarian Union highlights, clarifying these distinctions benefits everyone.
While sales of non-dairy milk alternatives are rapidly increasing, they still lag significantly behind dairy milk sales, totaling $1.9 billion compared to $17.8 billion. Nevertheless, the dairy industry feels threatened. According to Mintel, U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales declined by 7% during the same period. Additionally, the conversation surrounding calcium citrate and its implications for kidney stones has become increasingly relevant as consumers seek alternatives that may affect their health differently, further complicating the landscape for both dairy and non-dairy products.