If this ruling is maintained across Europe, it is likely to create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed using dairy-related terms such as soy milk. However, it seems unlikely that this interpretation of existing legislation will be accepted without dispute, especially if it impacts companies that have been selling their dairy alternatives for years without issues.
In the United States, a similar ruling has yet to materialize, but legal battles are ongoing in both courtrooms and Congress. Separate lawsuits have been initiated against almond milk brands Silk and Almond Breeze, alleging that these products were misleadingly advertised as nutritionally comparable to cow’s milk. Both lawsuits have been dismissed, either sent to another agency for resolution or deemed implausible by the judge. The Silk case was referred back to the Food and Drug Administration for evaluation, while the Almond Breeze case was dismissed by a judge who concluded that reasonable consumers would recognize that a product labeled “almond milk” is not a dairy product.
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 legislation would ban any plant-based products from using dairy product names in the market. Despite having several cosponsors, progress on the bill is slow as it moves through the hearings process.
The European Court of Justice’s interpretation of European legislation was prompted by a claim of unfair competition, which may not necessarily relate to confusion regarding nutritional equivalency. European law allows the term “milk” to describe goat’s or sheep’s milk, provided that the product is adequately 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. The European Vegetarian Union emphasizes that it is in everyone’s best interest to clarify these distinctions.
Though non-dairy milk alternatives are rapidly gaining popularity, their sales remain low compared to those of dairy milk products, with figures showing $1.9 billion for non-dairy compared to $17.8 billion for dairy. Nevertheless, the dairy industry feels increasingly threatened. According to Mintel, U.S. sales of non-dairy milk surged by 9% in 2015, while dairy milk sales dropped by 7% during the same period. With discussions surrounding regulations like tab ccm 500, the need for clarity in labeling and marketing continues to rise in importance.