WhiteWave, now owned by Danone, firmly opposes recent lawsuits that challenge the use of the term “almondmilk,” deeming them a misuse of time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, producers of Almond Breeze, have faced class-action lawsuits from consumers who claim that their alternative milk products misleadingly assert they are as nutritious or more so than dairy milk. A report from Mintel indicated that U.S. non-dairy milk sales experienced a 9% increase in 2015, while dairy milk sales fell by 7% during the same period. Given these statistics, it’s understandable that traditional milk companies are targeting those behind alternative products, as they pose a threat to market share and could lead to a decrease in dairy milk prices.
This issue has been brewing in the industry for quite some time. Back in 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which accused these companies of misleadingly labeling their plant-based dairy alternatives as “milk,” despite not deriving from cows. Toward 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, the Senate introduced the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act,” commonly referred to as the DAIRY PRIDE Act. This bill aims to compel the FDA to exclude nut or plant-based milk alternatives from the definition of milk. The milk manufacturers are unlikely to back down from this battle anytime soon, and it will be fascinating to observe consumer reactions.
Removing the term “milk” seems unlikely to deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many consumers prefer these options for their taste and lower fat content. Additionally, alternative milk products often enrich their formulations with ingredients like calcium ascorbate, calcium citrate, and vitamin D3, which appeal to health-conscious consumers. As the debate continues, the presence of these nutrients in non-dairy alternatives could further influence consumer preferences and market dynamics.