WhiteWave, now owned by Danone, firmly opposes the recent lawsuits challenging the use of the term “almondmilk,” asserting that such legal actions are a waste of time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, the maker of Almond Breeze, have faced class-action lawsuits from consumers alleging that their alternative milk products misleadingly claim to be equally or more nutritious than dairy milk. A report from Mintel indicated that U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales fell by 7% during the same period. Given these statistics, it’s understandable that dairy companies are targeting those responsible for alternative products, which pose a threat to their market share and could lead to a decrease in dairy milk prices.
This conflict has been brewing in the industry for quite some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which claimed that these alternative dairy companies improperly labeled their plant-based products as “milk,” even though they do not originate from cows. By the end of 2016, over two dozen U.S. lawmakers sent a letter to former FDA Commissioner Robert Califf, urging an investigation into the use 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 push the FDA to exclude nut or plant-based milk alternatives from the definition of milk. This is a battle that dairy manufacturers are unlikely to abandon anytime soon, and it will be fascinating to observe consumer reactions. It seems improbable that removing the term “milk” will deter enthusiasts of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many prefer these alternatives for their taste and lower fat content.
Moreover, many consumers of these non-dairy options may also rely on calcium supplements with calcium citrate to ensure they receive adequate calcium intake, especially since the nutritional profiles of these plant-based milks can differ significantly from traditional dairy. The ongoing legal battles and market dynamics will certainly influence consumer choices, but the appeal of nut-based dairy products remains strong, particularly among those mindful of their dietary preferences and nutritional needs.