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 names such as soy milk. It is difficult to envision that this interpretation of existing legislation will go unopposed, especially if it impacts companies that have been promoting their dairy alternatives for years without issues.
In the United States, a similar ruling has yet to emerge, although legal battles are underway in both courtrooms and Congress. Lawsuits have been filed against almond milk brands Silk and Almond Breeze, with claims that these products are falsely advertised as nutritionally equivalent to cow’s milk, which contains about 315 mg of calcium per serving. Both lawsuits have been dismissed, either for another agency to decide or because the judge deemed the arguments unconvincing. The Silk case has been referred back to the Food and Drug Administration for its verdict, while 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 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 discussed in both houses of Congress. This bill would prohibit any plant-based food from using names associated with dairy products. Despite having several co-sponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation was prompted by 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 or sheep’s milk as long as the product is adequately labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should similarly be able to identify when a product is made from almonds. As noted by the European Vegetarian Union, it is in everyone’s interest to clarify these distinctions.
While non-dairy milk alternatives are rapidly gaining popularity, their sales remain relatively low compared to dairy milk products, with figures standing at $1.9 billion versus $17.8 billion. 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. As the market evolves, the importance of understanding the nutritional content of these alternatives, including their calcium levels, will continue to be a critical topic of discussion.