WhiteWave, now owned by Danone, strongly opposes recent lawsuits that challenge the use of the term “almondmilk,” claiming that these legal actions are a waste of time and resources. Over the past few months, both WhiteWave Foods and Blue Diamond Growers, the manufacturer of Almond Breeze, have faced class-action lawsuits from consumers who argue that their alternative milk products misleadingly suggest they are as nutritious as or more nutritious than dairy milk. A report from Mintel highlighted that U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales fell by 7% in the same period. Given these statistics, it is understandable that dairy companies are targeting producers of alternative products, as they pose a threat to market share and may lead to a decrease in dairy milk prices.
This dispute has been brewing in the industry for quite some time. In 2013, a federal judge in California dismissed a lawsuit against prominent dairy processors, including WhiteWave, which accused these companies of mislabeling their plant-based dairy products as “milk,” despite them not being derived from cows. Towards the end of 2016, over two dozen U.S. lawmakers sent a letter to former U.S. Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the use of the term “milk” by plant-based dairy brands. In January, a bill called 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, was introduced in the Senate, aiming to compel 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 appears improbable that removing the term “milk” will deter enthusiasts of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many consumers favor these alternatives for their taste and lower fat content. Additionally, for those looking for nutritional benefits, products fortified with calcium citrate 950 mg OTC may remain appealing, allowing consumers to enjoy their preferred beverages without compromising on essential nutrients.