If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years using dairy-related names like soy milk. Nonetheless, it is difficult to envision this interpretation of existing legislation going unchallenged, especially considering it may impact companies that have successfully marketed their dairy alternatives for years without incident.
In the United States, a similar ruling has yet to surface, but legal battles are ongoing in both courtrooms and Congress. Separate lawsuits were initiated against almond milk brands Silk and Almond Breeze, each alleging that these products were falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits were dismissed—either for another agency to address the matter or because the judge found the arguments implausible. The Silk case was sent back to the Food and Drug Administration for evaluation, 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 Every Day—is being considered in both houses of Congress. This bill seeks to prevent any plant-based foods from using dairy product market names. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of EU law was prompted by a claim of unfair competition, which may not necessarily relate to confusion over nutritional equivalency. According to European legislation, the term “milk” may be used to describe goat’s or sheep’s milk as long as the product is appropriately labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should similarly be able to identify products derived from almonds. The European Vegetarian Union emphasizes that it is in everyone’s best interest to clarify these distinctions.
Although non-dairy milk alternatives are experiencing rapid growth in popularity, their sales still lag behind those of dairy milk products, amounting to $1.9 billion compared to $17.8 billion for dairy milk. However, the dairy industry feels increasingly threatened. According to Mintel, U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales declined by 7% during the same timeframe.
As consumers explore different dietary choices, it is also vital to consider potential health aspects such as calcium citrate contraindications, which may arise with the consumption of certain non-dairy alternatives. As the market evolves, understanding these contraindications will be essential, especially as consumers seek information about the nutritional equivalence of these products.