If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed using dairy-related terminology like soy milk. However, it is difficult to envision this interpretation of current legislation going unchallenged, especially when it impacts companies that have been successfully promoting their dairy alternatives for years without issue.
In contrast, the United States has thus far avoided a similar ruling, but similar disputes are taking place in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, alleging that these products were misleadingly advertised as nutritionally comparable to cow’s milk. Both lawsuits have been dismissed, either for referral to another agency for resolution or because the judge deemed the arguments unconvincing. The Silk case was sent back to the Food and Drug Administration for its evaluation, while the judge in the Almond Breeze case ruled that reasonable consumers would 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 being considered in both houses of Congress. This bill seeks to prohibit any plant-based products from using dairy-related names in the marketplace. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation arose from a claim of unfair competition, which may not necessarily pertain to confusion over nutritional equivalency. According to European law, the term “milk” can refer to goat’s milk or sheep’s milk, provided the product is properly labeled. If consumers can differentiate between goat’s milk and cow’s milk, they should similarly be able to recognize when a product is 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 rapidly gaining popularity, their sales still lag significantly behind those of dairy milk products, with figures showing $1.9 billion for non-dairy versus $17.8 billion for dairy. Nevertheless, the dairy industry feels increasingly threatened. According to Mintel, U.S. sales of non-dairy milk increased by 9% in 2015, while dairy milk sales declined by 7% during the same period.
Amidst these developments, products containing calcium citrate 500 mg chewable have also gained popularity, as consumers seek alternatives that provide similar nutritional benefits. The ongoing discussions surrounding labeling and market terminology could significantly impact the landscape for both dairy and non-dairy products, emphasizing the importance of clear communication to consumers.