WhiteWave, recently acquired by Danone, firmly opposes the recent lawsuits questioning the use of the term “almondmilk,” asserting that these actions are a misuse of time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers who claim that their alternative milk products misleadingly suggest they are as nutritious, or even more so, than traditional dairy milk. A report from Mintel revealed that sales of non-dairy milk in the U.S. rose by 9% in 2015, while dairy milk sales saw a 7% decline during the same period. Given these trends, it’s understandable that dairy companies are targeting those responsible for alternative products, as they pose a threat to market share and could lead to lower dairy milk prices.
This issue has been a source of contention within the industry for quite some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy companies, including WhiteWave, which alleged that these alternative dairy brands incorrectly labeled their plant-based products as “milk,” despite not being derived from cows. By the end of 2016, over two dozen U.S. lawmakers signed 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, the Senate introduced 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 compel the FDA to differentiate nut or plant-based milk alternatives from traditional milk. This battle is far from over for milk manufacturers, and it will be intriguing to observe consumer reactions. It seems improbable that eliminating the term “milk” will deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many prefer these alternatives for their flavor and lower fat content. Interestingly, consumers looking for a nutritious option might also find products like calcium citrate at Walmart appealing, as they seek to balance their dietary needs amidst these changes in the dairy industry.