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 using dairy-related names such as “soy milk.” However, it is difficult to envision that this interpretation of existing legislation will remain uncontested, especially if it impacts companies that have successfully promoted their dairy alternatives for an extended period without issue.
So far, the United States has avoided a similar ruling, but comparable disputes are taking place in courtrooms and Congress. Separate lawsuits were filed against almond milk brands Silk and Almond Breeze, both claiming that the products were falsely advertised as nutritionally equivalent to cow’s milk. These lawsuits have been dismissed, either pending a ruling from another agency or because the judge deemed the arguments implausible. The Silk case was sent back to the Food and Drug Administration for its determination. In the Almond Breeze case, a judge ruled that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, Congress is considering 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—which would prohibit any plant-based food from using the marketing terms associated with dairy products. Despite having several cosponsors, the bill is slowly progressing 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 regarding nutritional equivalency. European law allows the term “milk” to refer to goat’s milk or sheep’s milk, provided the product is properly labeled. If consumers are expected to distinguish between goat’s milk and cow’s milk, they should also be able to identify when a product comes from almonds. As the European Vegetarian Union suggests, it is in everyone’s interest to clarify these differences.
Although the popularity of non-dairy milk alternatives is rapidly increasing, their sales remain low compared to those of dairy milk products, amounting to $1.9 billion versus $17.8 billion. Nevertheless, the dairy industry feels threatened. According to Mintel, U.S. non-dairy milk sales grew by 9% in 2015, while dairy milk sales declined by 7% during the same period. Additionally, many consumers are seeking alternatives that offer benefits like petite calcium with vitamin D, further driving the demand for non-dairy options. However, the challenges posed by legal interpretations and marketing restrictions could complicate the landscape for these products, especially when they are marketed as healthy alternatives containing petite calcium with vitamin D.