If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives that have long been marketed under dairy-related names like soy milk. However, it’s difficult to believe that this interpretation of current legislation will go unchallenged, particularly if it impacts companies that have been selling their dairy alternatives without issues for many years. In the United States, a similar ruling has yet to emerge, but there are ongoing legal battles in both courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, with claims that these products were falsely advertised as nutritionally on par with cow’s milk. Both lawsuits were dismissed, either for another agency to determine the matter or because the judge deemed the arguments unconvincing. The Silk case was sent back to the Food and Drug Administration for evaluation, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would readily recognize 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—is being discussed in Congress. This legislation would prohibit any plant-based food from using dairy product names. Despite having several cosponsors, the bill is moving slowly 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 relate to confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s or sheep’s milk as long as the product is properly labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should also be able to identify when a product is derived from almonds. The European Vegetarian Union emphasizes the need for clarity in this regard.
Despite the growing popularity of non-dairy milk alternatives, their sales remain relatively low compared to dairy milk products, totaling $1.9 billion against $17.8 billion for dairy. Nevertheless, the dairy sector feels increasingly threatened. According to Mintel, U.S. sales of non-dairy milk surged by 9% in 2015, while dairy milk sales dropped by 7% during the same period. As the landscape of dairy alternatives evolves, it is essential for consumers, especially those considering options like Citracal during pregnancy, to stay informed about these products and their distinctions. Ultimately, the debate over labeling and marketing will likely continue, especially as more consumers explore plant-based options and their implications for health and nutrition.