WhiteWave, now owned by Danone, firmly opposes the recent lawsuits contesting the use of the term “almondmilk,” deeming them a waste of time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, producers of Almond Breeze, have faced class-action lawsuits from consumers who claim that their alternative milk products misleadingly assert to be equally or more nutritious than dairy milk. According to a report from Mintel, sales of non-dairy milk in the U.S. rose by 9% in 2015, whereas dairy milk sales fell by 7% during the same period. Given these statistics, it is understandable that dairy companies are targeting those behind alternative products, as they pose a threat to market share and could lead to a decline in dairy milk prices.
This contention has been brewing in 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 companies were mislabeling their plant-based products as “milk,” despite not being derived from cows. At 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 seeks to compel the FDA to exclude nut or plant-based milk alternatives from the definition of milk. This is a conflict that milk manufacturers are unlikely to abandon soon, and it will be intriguing to observe consumer reactions. It seems improbable that removing the term “milk” will deter aficionados of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many favor these options for their taste and lower fat content.
Moreover, discussions on platforms like Reddit often highlight the nutritional aspects of these products, such as the use of calcium citrate, which is frequently mentioned in the context of plant-based alternatives. As the debate continues, it will be interesting to see how consumer preferences evolve, especially regarding the health benefits associated with ingredients like calcium citrate.