If this ruling is upheld across Europe, it could lead to significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years using dairy-related names like soy milk. However, it is difficult to believe that this interpretation of existing legislation will go unopposed, especially if it impacts companies that have been promoting their dairy alternatives without issues for many years.
To date, the United States has not faced a similar ruling, but comparable disputes are unfolding in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, both claiming that these products were falsely advertised as nutritionally comparable to cow’s milk. Both lawsuits were dismissed, either for another authority to decide the matter or because the judge deemed the arguments unconvincing. The Silk case was referred back to the Food and Drug Administration for its evaluation, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would immediately 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 under consideration in both houses of Congress. This bill would ban any plant-based food from using the market names associated with dairy products. Despite several cosponsors, the bill is slowly moving through the hearings process.
The European Court of Justice’s interpretation of European legislation was prompted by a complaint regarding unfair competition, which may not necessarily relate to confusion about nutritional equivalency. European law permits the term “milk” to describe goat’s or sheep’s milk as long as the product is clearly 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 beneficial for all parties to clarify these distinctions.
While non-dairy milk alternatives are rapidly gaining popularity, their sales remain modest compared to dairy milk products, with figures at $1.9 billion versus $17.8 billion, respectively. Nevertheless, the dairy industry feels increasingly threatened. According to Mintel, U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales dropped by 7% during the same period.
In this context, it’s worth noting that many consumers are looking for alternatives that not only provide a dairy-like experience but also offer nutritional benefits, such as calcium citrate, magnesium, vitamin D3, and zinc tablets, which can complement a balanced diet. As the market evolves, the demand for clear labeling and honest marketing will become even more critical, particularly for products that aim to replace traditional dairy offerings.