If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed with dairy-related names like soy milk. However, it is difficult to envision that this interpretation of existing legislation will go unopposed, especially if it impacts companies that have been successfully promoting their dairy alternatives for years without any issues.
So far, the United States has managed to avoid a similar ruling, but analogous battles are being fought in both courtrooms and Congress. Separate lawsuits were initiated against almond milk brands Silk and Almond Breeze, each alleging that the products were misleadingly advertised as nutritionally comparable to cow’s milk. Both cases have been dismissed, either for another agency to address the matter or because the judge deemed the claims implausible. The Silk case was sent back to the Food and Drug Administration for its assessment, while the Almond Breeze lawsuit was dismissed by a judge who determined 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 chambers of Congress. This legislation would bar any plant-based food from using the marketing names associated with dairy products. Despite several cosponsors, the bill is progressing slowly through the hearing process.
The European Court of Justice’s interpretation of EU law was prompted by a claim of unfair competition, which may not necessarily pertain to confusion over nutritional equivalency. European law permits the term “milk” to describe goat’s milk or sheep’s milk, provided the product is clearly labeled. If consumers are expected to distinguish between goat’s milk and cow’s milk, they should also be able to identify when a product is derived from almonds. As highlighted by the European Vegetarian Union, it is in everyone’s best interest to clarify these distinctions.
While non-dairy milk alternatives are experiencing rapid growth in popularity, their sales still pale in comparison to those of dairy milk products, amounting to $1.9 billion versus $17.8 billion. Nevertheless, the dairy industry feels threatened. According to Mintel, U.S. sales of non-dairy milk increased by 9% in 2015, while dairy milk sales dropped by 7% during the same timeframe.
In light of these developments, many consumers are seeking nutritional supplements, such as calcium citrate, vitamin D3, and folic acid tablets, to ensure they meet their dietary needs. The rising interest in these supplements further emphasizes the importance of clear labeling and consumer awareness in distinguishing between dairy and non-dairy products. As the market evolves, the clarity of labeling and nutritional education will be crucial for both consumers and producers alike.