If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed using dairy-related names such as soy milk. However, it is difficult to envision that this interpretation of existing laws will go unopposed, especially if it impacts companies that have successfully marketed their dairy alternatives for years without any issues.
So far, the United States has managed to avoid a similar ruling, but legal battles are ongoing in courts and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, both claiming that these products were misleadingly advertised as nutritionally equivalent to cow’s milk. Both lawsuits were dismissed, either for another agency to investigate the matter or because the judge deemed the arguments unconvincing. The Silk case was sent back to the Food and Drug Administration for its review, while the Almond Breeze case was dismissed by a judge, who ruled that reasonable consumers would clearly understand that a product labeled “almond milk” is not dairy.
Currently, Congress is considering a bill known as the DAIRY PRIDE Act—Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Every Day—which would prohibit any plant-based products from using dairy product names in the market. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation stemmed from a claim of unfair competition, which may not necessarily relate to confusion over nutritional equivalency. European law allows the term “milk” to refer to goat’s or sheep’s milk as long as 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 noted by the European Vegetarian Union, it is beneficial for everyone to clarify these distinctions.
While non-dairy milk alternatives are rapidly gaining popularity, their sales remain relatively low compared to traditional dairy milk products, with figures of $1.9 billion versus $17.8 billion. Nonetheless, the dairy industry feels increasingly threatened. According to Mintel, U.S. non-dairy milk sales saw a 9% increase in 2015, while dairy milk sales dropped by 7% in the same timeframe. As consumers seek healthier options, products like calcium citrate 100 tablets have gained attention for their potential benefits, emphasizing the growing interest in non-dairy alternatives among health-conscious individuals.