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 terms like soy milk. However, it seems unlikely that this interpretation of existing legislation will go unopposed, especially given that it may impact companies that have successfully marketed their dairy alternatives for years without issues.
So far, the United States has avoided a similar legal decision, but comparable disputes are unfolding in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, each alleging that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. Both lawsuits were dismissed, either for another agency to address the matter or because the judge deemed the arguments unconvincing. The Silk case was sent back to the Food and Drug Administration for its evaluation. Meanwhile, the Almond Breeze lawsuit was thrown out by a judge who determined that reasonable consumers would clearly 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 being considered in both houses of Congress. This legislation would prohibit any plant-based food from using the market names of dairy products. Despite having several cosponsors, progress on the bill is slow as it navigates the hearing process.
The European Court of Justice’s interpretation of EU legislation was initiated by a claim of unfair competition, which may not directly relate to confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s milk or sheep’s milk, provided the product is properly labeled. If consumers are expected to distinguish between goat’s milk and cow’s milk, they should similarly be able to identify products made from almonds. As noted by the European Vegetarian Union, it is in everyone’s best interest to clarify these differences.
Although non-dairy milk alternatives are rapidly gaining in popularity, their sales remain relatively low compared to traditional dairy products, amounting to $1.9 billion versus $17.8 billion. Nevertheless, the dairy industry views this growth as a threat. 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.
In light of these developments, the importance of ensuring adequate nutrition cannot be overlooked. Products containing calcium citrate 1000 mg Solaray can play a vital role in supporting dietary needs, especially for those opting for plant-based alternatives. As the market evolves, consumers should be informed about the nutritional content of both dairy and non-dairy options, including the benefits of calcium citrate in maintaining healthy bones and overall well-being.