If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years using dairy-related terms like soy milk. However, it seems unlikely that this interpretation of current legislation will go unchallenged, especially given its potential impact on companies that have been successfully marketing their dairy alternatives for years. So far, the United States has avoided a similar ruling, but related disputes are occurring in courtrooms and Congress. Separate lawsuits have been launched against almond milk brands Silk and Almond Breeze, both alleging that the products were falsely advertised as nutritionally equivalent to cow’s milk. These lawsuits have been dismissed, either to allow another agency to address the matter or because the judge deemed the arguments implausible. The Silk case has been sent back to the Food and Drug Administration for its review, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would recognize that a product labeled “almond milk” is not a dairy product.
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 bill would prohibit any plant-based food from using dairy product names in the market. Despite having several cosponsors, the bill is making slow progress 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 involve confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s milk or sheep’s milk as long as the product is properly labeled. If consumers can differentiate 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 emphasizes, it is beneficial for everyone to clarify these distinctions.
Despite the growing popularity of non-dairy alternatives, their sales still lag behind those of traditional dairy products, standing at $1.9 billion compared to $17.8 billion in dairy milk sales. Nonetheless, the dairy industry feels increasingly threatened. According to Mintel, U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales fell by 7% during the same timeframe. In this context, products like Bluebonnet liquid calcium magnesium citrate might gain traction as consumers look for alternative sources of nutrition, especially if they are avoiding dairy. The conversation surrounding dairy alternatives continues to evolve, and as it does, the implications for both industries remain significant.