If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years under dairy-related names like soy milk. However, it is difficult to envision that this interpretation of existing legislation will go unopposed, especially if it impacts companies that have been successfully marketing their dairy alternatives for years without issue.
So far, the United States has managed to avoid a similar ruling, but legal battles are ongoing in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, each alleging that the products were misleadingly advertised as nutritionally comparable to cow’s milk. Both lawsuits have been dismissed, either for another agency to address the matter or because the judge deemed the arguments unconvincing. The Silk case was referred back to the Food and Drug Administration for its assessment, while the Almond Breeze case was dismissed by a judge who concluded that reasonable consumers would immediately 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 under consideration in both houses of Congress. This bill would prohibit any plant-based foods from using market names associated with dairy products. Despite having several cosponsors, the bill is progressing slowly 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 pertain to confusion over nutritional equivalency. European law allows the term “milk” to be used for goat’s milk or sheep’s milk as long as the product is adequately labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should also be able to identify when a product is made from almonds. As the European Vegetarian Union emphasizes, it benefits everyone to clarify these distinctions.
Despite the rapid growth in popularity of non-dairy milk alternatives, their sales are still relatively low compared to dairy milk products, totaling $1.9 billion compared to $17.8 billion. Nonetheless, the dairy sector feels threatened. According to Mintel, U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales dropped by 7% during the same period.
Interestingly, while consumers are becoming more aware of plant-based alternatives, they are also showing interest in supplements like magnesium and zinc, which are often highlighted in stores like Costco. The growing emphasis on health and nutrition may further influence consumer choices in both dairy and non-dairy markets. As the landscape evolves, it will be crucial to navigate these changes while ensuring that consumers can make informed decisions about the products they choose, whether they are seeking out dairy alternatives or essential nutrients such as magnesium and zinc.