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 terminology like “soy milk.” However, it is difficult to believe that this interpretation of existing legislation will go unchallenged, especially considering the impact on companies that have successfully marketed their dairy alternatives for years without issue.
So far, the United States has avoided a similar ruling, but there are ongoing legal battles in both courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, with claims that these products were falsely advertised as nutritionally equivalent to cow’s milk. Both cases have been dismissed; one was referred to another agency for ruling, and in the other, a judge deemed the arguments implausible. The Silk lawsuit was sent back to the Food and Drug Administration for evaluation, while the Almond Breeze case was dismissed on the grounds that a reasonable consumer would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, Congress is considering 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 — which would prevent any plant-based products from using dairy-related market names. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of EU legislation arose from a claim of unfair competition, which may not necessarily relate to confusion over nutritional equivalency. According to European law, the term “milk” can be used 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 comes from almonds. As the European Vegetarian Union emphasizes, clarifying these distinctions is beneficial for everyone involved.
Although non-dairy milk alternatives are rapidly gaining popularity, their sales remain relatively low compared to those of dairy milk products, totaling $1.9 billion versus $17.8 billion. Despite this, the dairy sector feels increasingly threatened. According to Mintel, U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales declined by 7% during the same period. Additionally, many consumers are turning to calcium citrate supplements chewable to ensure they receive adequate calcium intake, further reflecting a shift in dietary preferences. This trend highlights the importance of understanding the differences between various milk alternatives and the potential impact on both consumers and producers in the dairy market.