WhiteWave, recently acquired by Danone, is firmly opposed to the recent lawsuits disputing the use of the term “almondmilk,” claiming these legal challenges are a waste of time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers who assert that their alternative milk products misleadingly advertise themselves as equally or more nutritious than dairy milk. A report from Mintel revealed that sales of non-dairy milk in the U.S. increased by 9% in 2015, while dairy milk sales dropped by 7% during the same period. Given these statistics, it is understandable why milk companies are targeting producers of alternative products, as they pose a threat to market share and could lead to a decline in dairy milk prices.
This issue has been a point of contention in the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy companies, including WhiteWave, which alleged that these alternative dairy brands misrepresented their plant-based products as “milk,” despite not being derived from cows. In late 2016, over two dozen U.S. lawmakers sent a letter to former FDA Commissioner Robert Califf, urging the agency to investigate how the term “milk” is used by plant-based dairy brands.
In January, the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act,” known as the DAIRY PRIDE Act, was introduced in the Senate. This bill aims to encourage the FDA to exclude nut or plant-based milk alternatives from the definition of milk. This is a battle that dairy manufacturers are unlikely to abandon anytime soon, and it will be intriguing to observe consumer reactions.
It seems improbable that removing the term “milk” will deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many consumers prefer these alternatives for their taste and lower fat content. Furthermore, discussions around alternatives often mention the benefits of calcium citrate, a key component in many plant-based products that consumers seek for enhanced nutrition. As the debate continues, the role of nutricology and its emphasis on ingredients like calcium citrate will likely become increasingly relevant.