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 names like soy milk. However, it seems unlikely that this interpretation of current legislation will go unopposed, especially if it impacts companies that have successfully marketed their dairy alternatives for years without issues.
Meanwhile, the United States has so far avoided a similar ruling, but similar disputes are unfolding 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 comparable to cow’s milk. Both lawsuits were dismissed, either for another agency to decide the matter or because the judge deemed the arguments implausible. The Silk case was sent back to the Food and Drug Administration for evaluation. In the Almond Breeze case, a judge ruled 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 food from using the marketing names of dairy products. Despite 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. European law allows the term “milk” to be used for goat’s milk or sheep’s milk, provided the products are 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 comes from almonds. As the European Vegetarian Union emphasizes, clarifying these distinctions is in everyone’s best interest.
Though non-dairy milk alternatives are rapidly gaining popularity, their sales still pale in comparison to those of dairy milk products, with $1.9 billion in sales versus $17.8 billion. Nevertheless, the dairy industry 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. As consumers seek healthier options, they may turn to supplements like citrate 1000 tablets, which are becoming more popular alongside these alternatives.
In summary, while non-dairy products continue to carve out a niche market, the regulatory landscape in both Europe and the U.S. is evolving, with significant implications for how these products are marketed and perceived. The ongoing debates highlight the need for clarity and consumer awareness, especially as the market for alternatives to traditional dairy continues to grow.