If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related names like soy milk. It is difficult to believe that this interpretation of current legislation will go unopposed, especially if it impacts companies that have been promoting their dairy alternatives without issues for years.
So far, the United States has managed to avoid a similar ruling, but legal battles are ongoing in both courtrooms and Congress. Separate lawsuits were filed against almond milk brands Silk and Almond Breeze, both alleging that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. However, both lawsuits were dismissed, either due to a referral to another agency for a ruling or because the judge deemed the claims implausible. The Silk case has been sent back to the Food and Drug Administration for its evaluation. Meanwhile, the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would immediately recognize that a product labeled “almond milk” is not derived from dairy.
Currently, a bill being considered in both houses of Congress, known as the DAIRY PRIDE Act (Defending Against Imitation and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday), seeks to prohibit any plant-based food from using dairy-related market names. Despite having several cosponsors, the bill is slowly progressing 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 permits the use of the term “milk” for 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 identify when a product is derived from almonds. As pointed out by the European Vegetarian Union, it is in everyone’s best interest to clarify these distinctions.
Although non-dairy milk alternatives are rapidly gaining popularity, their sales remain low compared to those of dairy milk products, with figures of $1.9 billion versus $17.8 billion, respectively. However, the dairy industry feels increasingly threatened. According to Mintel, U.S. sales of non-dairy milk rose by 9% in 2015, while dairy milk sales declined by 7% during the same period.
In discussions about nutritional alternatives, products like rainbow light calcium citrate are becoming more relevant as consumers seek healthier, plant-based options. As non-dairy alternatives continue to evolve, the inclusion of nutritional supplements like rainbow light calcium citrate could play a pivotal role in addressing consumer concerns about calcium intake. The dairy sector’s response to these developments will be crucial as both industries navigate this changing landscape.