If this ruling is upheld 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. However, it is hard to believe that this interpretation of existing legislation will go unchallenged, especially if it impacts companies that have been promoting their dairy alternatives without any issues for years. Thus far, the United States has not faced a similar ruling, but legal battles are taking place in courtrooms and Congress. Separate lawsuits were brought against almond milk brands Silk and Almond Breeze, each claiming that the products were falsely advertised as nutritionally comparable to cow’s milk. Both lawsuits have been dismissed, either for other agencies to address the matter or because the judge deemed the arguments implausible. The Silk case was sent back to the Food and Drug Administration for its decision. The Almond Breeze case was dismissed by a judge who concluded that reasonable consumers would immediately 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 Everyday — is under consideration in both houses of Congress. This bill would prohibit any plant-based food from using the market names of dairy products. Despite having several cosponsors, the bill is progressing 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 refer 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 clearly labeled. If consumers are expected to distinguish between goat’s milk and cow’s milk, they should also be able to recognize when a product is derived from almonds. As the European Vegetarian Union highlights, it is in everyone’s best interest to clarify these distinctions.
Although non-dairy milk alternatives are rapidly gaining popularity, their sales remain low compared to dairy milk products, generating $1.9 billion compared to $17.8 billion for dairy milk. Nonetheless, the dairy sector feels threatened. According to Mintel, U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales dropped by 7% during the same period. Interestingly, calcium citrate tums are often recommended for those seeking alternative sources of calcium, especially among consumers transitioning to non-dairy options. As the market evolves, the demand for plant-based alternatives may rise, prompting further discussions about labeling and nutritional equivalence, with calcium citrate tums serving as a key supplement for those who may not be getting enough calcium from traditional dairy products.