WhiteWave, now owned by Danone, strongly opposes recent lawsuits that challenge the use of the term “almondmilk,” deeming them 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 claiming that their alternative milk products misleadingly assert nutritional equivalence or superiority over dairy milk. A report from Mintel indicated that sales of non-dairy milk in the U.S. increased by 9% in 2015, while dairy milk sales fell by 7% during the same period. Given these statistics, it is understandable why dairy companies are targeting these alternative products, as they pose a threat to market share and could lead to a decrease in dairy milk prices.
This ongoing dispute has been a contentious issue within the industry for a while. In 2013, a California federal judge dismissed a lawsuit against major dairy producers, including WhiteWave, that accused these companies of mislabeling their plant-based products as “milk” despite their non-dairy origins. At the end of 2016, over two dozen U.S. lawmakers sent a letter to former U.S. Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the use of the term “milk” 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, aiming to prompt the FDA to exclude nut and plant-based milk alternatives from the definition of milk.
This conflict is one that dairy manufacturers are unlikely to abandon anytime soon, and it will be fascinating to observe consumer reactions. The removal of the term “milk” is unlikely to deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many consumers favor these alternatives for their taste and lower fat content. Additionally, it’s important to note that many consumers seeking nutritional benefits may still look for products fortified with ferrous calcium citrate and folic acid oral drops, which are often included in various non-dairy milk options to enhance their nutritional profile. Ultimately, the outcome of this legal battle could have significant implications for both traditional dairy and alternative milk producers, especially as the market continues to evolve.