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 terms like soy milk. However, it is difficult to envision that this interpretation of existing legislation will remain unchallenged, especially if it impacts companies that have marketed their dairy alternatives without issues for years. In the United States, a similar ruling has yet to occur, but legal battles are currently taking place both in courtrooms and Congress. Separate lawsuits have been initiated against almond milk brands Silk and Almond Breeze, with claims that these products were falsely advertised as nutritionally comparable to cow’s milk. Both lawsuits have been dismissed, either for referral to another agency for a ruling or because the judge deemed the arguments implausible. The Silk case was sent back to the Food and Drug Administration for evaluation, while the Almond Breeze case was dismissed by a judge who determined 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 Everyday — is under consideration in both houses of Congress. This legislation would prohibit any plant-based food from using the market name of dairy products. Despite having several cosponsors, the bill is progressing very 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. European law does allow the term “milk” to describe goat’s milk or sheep’s milk, provided that 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 the European Vegetarian Union emphasizes, it benefits everyone to clarify these distinctions.
Despite the rapid growth in popularity of non-dairy milk alternatives, their sales remain low compared to dairy milk products, amounting to $1.9 billion compared to $17.8 billion. Nevertheless, the dairy sector feels threatened. According to Mintel, U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales dropped by 7% during the same period. In light of these trends, products like Citracal 500, which promote calcium intake, may become even more relevant as consumers seek alternative sources of nutrition. The ongoing debates and legal battles could have lasting implications for both the dairy and non-dairy sectors, particularly as they navigate the complexities of labeling and marketing in a rapidly evolving marketplace.