WhiteWave, recently acquired by Danone, strongly opposes the ongoing lawsuits that contest the use of the term “almondmilk,” claiming these legal actions are a waste 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 allege that their alternative milk products misleadingly assert they are equally or more nutritious than dairy milk. Mintel’s report indicates that non-dairy milk sales in the U.S. increased by 9% in 2015, while dairy milk sales dropped by 7% during the same period. Given these statistics, it is understandable that dairy companies are targeting those responsible for alternative products, as they pose a threat to their market share and could lead to declining dairy milk prices.
This dispute has been brewing within the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which claimed that these alternative dairy companies had improperly labeled their plant-based products as “milk” despite not being derived from cows. By the end of 2016, over two dozen U.S. lawmakers had 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 “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act,” known as the DAIRY PRIDE Act, was introduced in the Senate to encourage the FDA to exclude nut or plant-based milk alternatives from the definition of milk. This is a battle that milk manufacturers are unlikely to abandon anytime soon, and it will be intriguing to observe consumer reactions. It seems improbable that removing the term “milk” will deter enthusiasts of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many favor these alternatives for their flavor and lower fat content.
Interestingly, as consumers seek healthier options, some are turning to calcium citrate over the counter as a supplement to ensure they meet their dietary needs, which may further influence their choices between dairy and non-dairy products. As the market continues to evolve, the presence of alternatives like calcium citrate over the counter could play a significant role in shaping consumer preferences in the future.