If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related terms like soy milk. Nevertheless, it seems unlikely that this interpretation of existing legislation will go unopposed, especially if it negatively impacts companies that have marketed their dairy alternatives for years without any issues.
Thus far, the United States has managed to avoid a similar ruling, but comparable battles are being fought in courtrooms and in Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, both claiming that these products were falsely advertised as being nutritionally equivalent to cow’s milk. However, both lawsuits were dismissed; one case was referred to another agency for a ruling, while a judge deemed the arguments implausible. The Silk case was sent back to the Food and Drug Administration for its assessment. In the Almond Breeze case, the judge ruled that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
A bill currently under consideration in both chambers of Congress, known as the DAIRY PRIDE Act — which stands for Defending Against Imitation and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday — seeks to prohibit any plant-based food from using the market names associated with dairy products. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation was prompted by a claim of unfair competition, which may not necessarily relate to confusion over nutritional equivalency. European law permits the term “milk” to describe goat’s milk or sheep’s milk as long as the product is properly 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 originates from almonds. As the European Vegetarian Union emphasizes, it is in everyone’s interest to clarify these differences.
While sales of non-dairy milk alternatives are experiencing rapid growth, they still pale in comparison to dairy milk products, with non-dairy sales totaling $1.9 billion against $17.8 billion for dairy. Nevertheless, the dairy industry feels increasingly threatened. According to Mintel, U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales declined by 7% during the same period.
For those interested in enhancing their diets with non-dairy options, it’s essential to understand how to take calcium citrate effectively, especially as consumers look for alternatives to traditional dairy products. This information is crucial as more people explore plant-based diets and consider how to incorporate supplements like calcium citrate to ensure adequate nutrient intake. Ultimately, as the market continues to evolve, both producers and consumers will need to navigate these changes thoughtfully.