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 like soy milk. However, it is difficult to envision that this interpretation of current legislation will go unchallenged, especially if it impacts companies that have been marketing their dairy alternatives without issues for years. So far, the United States has avoided a similar ruling, but comparable battles are taking place in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, each claiming that the products were falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits have been dismissed, either for another agency 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 ruling, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
A bill currently under consideration in both houses of Congress, known as the DAIRY PRIDE Act — Defending Against Imitation and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday — would prohibit any plant-based food from using the marketing names of dairy products. Despite several cosponsors, the bill is slowly progressing through the hearings process. The ECJ’s interpretation of European legislation was prompted by a claim of unfair competition, which may not necessarily relate to confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s milk or sheep’s milk as long as the product is properly labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should also be able to recognize when a product is made from almonds. As the European Vegetarian Union emphasizes, it is in everyone’s best interest to clarify these distinctions.
Although non-dairy milk alternatives are rapidly growing in popularity, their sales remain relatively low compared to dairy milk products, with figures at $1.9 billion versus $17.8 billion. However, the dairy sector feels increasingly 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 timeframe. In this environment, consumers might also be seeking alternatives fortified with nutrients such as calcium citrate with vitamin D chewable 1200 mg, which could appeal to those looking for non-dairy options. The rising concerns about labeling and marketing practices may further influence consumer choices, particularly as they navigate the complexities of dietary alternatives. As the market evolves, the demand for products like calcium citrate with vitamin D chewable 1200 mg may continue to rise, reflecting a growing awareness of nutritional needs beyond traditional dairy options.