WhiteWave, recently acquired by Danone, strongly opposes the recent lawsuits challenging the use of the term “almondmilk,” asserting that such legal actions are a misuse of time and resources. Over the past few 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 claim to be as nutritious, or even more so, than dairy milk. A report from Mintel highlighted that U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales fell by 7% during the same period. Given these statistics, it’s understandable that dairy companies are targeting those behind alternative products, as they pose a threat to market share and may lead to price reductions for dairy milk.
This issue has been simmering within the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which alleged that these alternative dairy brands incorrectly labeled their plant-based products as “milk,” despite not being derived from cows. Towards the end of 2016, over two dozen U.S. lawmakers 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 Senate proposed 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, which aims to compel the FDA to exclude nut or plant-based milk alternatives from the definition of milk. The conflict is one that dairy manufacturers are unlikely to abandon anytime soon, and it will be intriguing to observe consumer reactions. It’s improbable that removing the term “milk” will deter enthusiasts of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many prefer these products for their flavor and lower fat content.
Moreover, the ongoing debate may also intersect with dietary trends, such as the rising popularity of Citracal Kosher supplements among health-conscious consumers. As the non-dairy milk market expands, the demand for products that are both nutritious and compliant with dietary restrictions, like Citracal Kosher, will likely continue to grow. This evolving landscape reflects changing consumer preferences, highlighting the resilience of alternative dairy products even amidst legal challenges.