WhiteWave, recently acquired by Danone, strongly opposes the recent lawsuits challenging the use of the term “almond milk,” claiming they are a misuse of time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers alleging that their alternative milk products falsely assert to be equally or more nutritious than dairy milk. A report from Mintel indicated that U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales fell by 7% during the same period. Given these statistics, it’s understandable that dairy companies would target those responsible for alternative products that threaten their market share and could lead to a drop in dairy milk prices.
This conflict has been brewing within the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy producers, including WhiteWave, which claimed these alternative dairy companies were mislabeling their plant-based products as “milk,” despite them not being derived from cows. At the end of 2016, over two dozen U.S. lawmakers sent a letter to former U.S. Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the usage of the term “milk” by plant-based dairy brands. In January, the Senate proposed the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act,” known as the DAIRY PRIDE act, which aims to compel the FDA to exclude nut or plant-based milk alternatives from the definition of milk.
This is a battle that milk manufacturers are unlikely to abandon anytime soon, and it will be fascinating to observe consumer reactions. The removal of the term “milk” is unlikely to deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, especially since many consumers prefer these products for their taste and lower fat content. Additionally, those who are taking calcium citrate may find that nut-based alternatives provide a desirable option that meets their dietary needs without compromising on flavor. Clearly, the controversy surrounding the use of the term “milk” continues to be a significant issue in the dairy industry.