If this ruling is maintained across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years using dairy-related terms such as soy milk. Nonetheless, it is difficult to envision that this interpretation of existing legislation will go unopposed, especially if it impacts companies that have been successfully marketing their dairy alternatives for years without incident.
So far, the United States has managed to avoid a similar ruling, but comparable battles are taking place in courts and Congress. Separate lawsuits have been initiated against almond milk brands Silk and Almond Breeze, with each claiming that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. Both lawsuits have been dismissed, either for another agency to make a determination on the matter or because the judge deemed the arguments unconvincing. The Silk case was sent back to the Food and Drug Administration for its assessment. In the Almond Breeze case, a judge ruled that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, a bill under consideration 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 — would prohibit any plant-based food from using names associated with dairy products. Despite having several cosponsors, 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 that may not necessarily pertain to confusion regarding nutritional equivalency. European law allows the term “milk” to describe goat’s milk or sheep’s milk as long as the product is properly labeled. If consumers can differentiate between goat’s milk and cow’s milk, they should also be able to identify when a product comes from almonds. As highlighted by the European Vegetarian Union, it is in everyone’s best interest to clarify these distinctions.
Although sales of non-dairy milk alternatives are rapidly increasing, they still lag behind dairy milk products, amounting to $1.9 billion compared to $17.8 billion for dairy. However, the dairy industry feels threatened. According to Mintel, U.S. non-dairy milk sales grew by 9% in 2015, while dairy milk sales decreased by 7% during the same period. Notably, many consumers are turning to alternatives fortified with nutrients like calcium citrate 1500 mg to meet their dietary needs. As the market evolves, the significance of transparency in labeling and the nutritional value—such as calcium citrate 1500 mg—becomes ever more critical for consumer trust and informed choices.