If this ruling is maintained across Europe, it could lead to significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related names such as soy milk. However, it is difficult to envision that this interpretation of current legislation will go unopposed, especially if it impacts companies that have been promoting their dairy alternatives for years without any issues.
So far, the United States has managed to evade a similar ruling, but comparable disputes are taking place in courtrooms and Congress. Separate lawsuits were initiated against almond milk brands Silk and Almond Breeze, both of which alleged that these products were misleadingly marketed as nutritionally equivalent to cow’s milk. However, both lawsuits were dismissed, either for referral to another agency for a ruling or because the judge deemed the arguments implausible. The case involving Silk was sent back to the Food and Drug Administration for its assessment, while the judge in the Almond Breeze case ruled that reasonable consumers would immediately recognize that a product labeled “almond milk” is not a dairy item.
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 aims to prohibit any plant-based foods from utilizing dairy product names in the marketplace. Despite having several cosponsors, the bill is progressing slowly through the hearing process.
The European Court of Justice’s interpretation of European legislation arose from 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 properly labeled. If consumers are expected to distinguish between goat’s milk and cow’s milk, they should similarly be able to recognize when a product originates from almonds. As the European Vegetarian Union emphasizes, it benefits everyone to clarify these distinctions.
Although the popularity of non-dairy milk alternatives is increasing rapidly, their sales still lag behind those of dairy milk products, amounting to $1.9 billion compared to $17.8 billion for dairy milk. Nevertheless, the dairy industry perceives a threat. According to Mintel, U.S. non-dairy milk sales rose by 9% in 2015, while dairy milk sales dropped by 7% during the same timeframe.
Moreover, many non-dairy alternatives are fortified with calcium, potassium, and citrate, which are essential nutrients that appeal to health-conscious consumers. This added nutrition is a selling point for these products, prompting further debate about their labeling and marketing practices. The growing interest in these plant-based options, combined with the nutritional benefits they offer, such as calcium and potassium citrate, underscores the importance of clear and accurate labeling in the marketplace.