If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives that have long been marketed with dairy-related names, such as soy milk. However, it is difficult to envision that this interpretation of existing legislation will go unchallenged, especially if it impacts companies that have successfully marketed their dairy alternatives for years without issues.
So far, the United States has sidestepped a similar ruling, though comparable legal battles are occurring in courtrooms and Congress. Separate lawsuits were filed against almond milk brands Silk and Almond Breeze, alleging that these products were falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits were dismissed, either for another agency to consider the matter or because the judge deemed the arguments implausible. The Silk case has been sent back to the Food and Drug Administration for its assessment, while the Almond Breeze case was dismissed by a judge who concluded that reasonable consumers would readily 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 being reviewed in both houses of Congress. This bill would prevent any plant-based food from using the market name of 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 pertain to confusion over nutritional equivalency. European law permits the use of the term “milk” to describe goat’s milk or sheep’s milk, provided 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 recognize when a product is derived from almonds. As the European Vegetarian Union highlights, it is in everyone’s best interest to clarify these distinctions.
While sales of non-dairy milk alternatives, including those fortified with calcium citrate mg, are rapidly increasing, they still lag significantly behind dairy milk sales, with figures of $1.9 billion compared to $17.8 billion. Nevertheless, the dairy industry feels threatened. According to Mintel, U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales declined by 7% during the same timeframe. The rising popularity of alternatives, often enhanced with calcium citrate mg, indicates a shifting consumer preference that the dairy sector is keenly aware of.