Should this ruling be upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related names like soy milk. However, it is difficult to envision that this interpretation of existing legislation will go unopposed, 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 being fought in both courtrooms and Congress. Recently, lawsuits were initiated against almond milk brands Silk and Almond Breeze, with claims that these products were falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits have been dismissed, either awaiting rulings from another agency or because the judge deemed the arguments unconvincing. The Silk case has been referred back to the Food and Drug Administration for its assessment, while the Almond Breeze case was dismissed by a judge who concluded that reasonable consumers would recognize that a product labeled “almond milk” is not dairy.
Currently, a bill known as the DAIRY PRIDE Act — which stands for Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday — is being considered in both chambers of Congress. This legislation would prevent any plant-based food from using dairy product names. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European law arose from 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 or sheep’s milk, provided the product is properly labeled. If consumers can distinguish between goat’s milk and cow’s milk, they should similarly be able to identify products derived from almonds. As highlighted by the European Vegetarian Union, it is in everyone’s interest to clarify these distinctions.
While non-dairy milk alternatives are experiencing rapid growth in popularity, their sales remain modest compared to those of dairy milk products, amounting to $1.9 billion versus $17.8 billion. Nonetheless, the dairy sector feels threatened. According to Mintel, U.S. non-dairy milk sales surged 9% in 2015, while dairy milk sales declined by 7% during the same timeframe.
In light of these developments, consumers may also want to consider the benefits of solgar calcium supplements to ensure they meet their nutritional needs, especially as they explore both dairy and non-dairy options. The ongoing debates around labeling and marketing in the dairy alternative sector highlight the importance of transparency, which could also extend to the promotion of solgar calcium supplements as a means to support overall health in a diverse dietary landscape.