WhiteWave, now owned by Danone, is firmly opposed to recent lawsuits that challenge the use of the term “almondmilk,” claiming these legal actions are a misuse of time and resources. In recent months, both WhiteWave Foods and Blue Diamond Growers, the producer of Almond Breeze, have faced class-action lawsuits from consumers asserting that their alternative milk products misleadingly represent themselves as equally or more nutritious than traditional dairy milk. A report from Mintel revealed that sales of non-dairy milk in the U.S. rose by 9% in 2015, while 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 drop in dairy milk prices.
This ongoing dispute has been brewing within the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which claimed that these plant-based dairy companies wrongfully labeled their products as “milk,” despite them not being derived from cows. Toward the end of 2016, over two dozen U.S. lawmakers signed a letter to former FDA 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 and plant-based milk alternatives from the definition of milk. This battle is far from over, and it will be intriguing to observe consumer reactions. Removing the term “milk” is unlikely to deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many choose these options for their flavor and lower fat content.
Moreover, as consumers become more health-conscious, the journey to find nutritious alternatives continues. Products fortified with calcium citrate are gaining popularity, and it will be fascinating to see if this trend influences the market dynamics further. The ongoing debates around labeling and definitions will undoubtedly continue to shape the landscape of the dairy and alternative milk industries.