WhiteWave, recently acquired by Danone, strongly opposes the ongoing lawsuits challenging the use of the term “almondmilk,” asserting that such legal disputes are a waste 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 claiming that these alternative milk products falsely assert they are as nutritious or more so than dairy milk. A report by Mintel indicated that U.S. non-dairy milk sales increased by 9% in 2015, while dairy milk sales experienced a 7% decline in the same period. Given these statistics, it is understandable that dairy companies are targeting those behind alternative products, as they pose a threat to their market share and could lead to a drop in dairy milk prices.
This conflict has been brewing in the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy producers, including WhiteWave, which claimed that these alternative dairy companies misrepresented their plant-based products as “milk,” despite them not being derived from cows. By late 2016, over two dozen U.S. lawmakers penned 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 introduced 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 or plant-based milk alternatives from the definition of milk. This battle is one that milk producers are unlikely to abandon anytime soon, and it will be intriguing to observe consumer reactions. It appears improbable that removing the term “milk” will deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many choose these alternatives for their taste and lower fat content, as well as the calcium citrate benefits they provide.
As this controversy unfolds, the calcium citrate benefits associated with these alternative milks may continue to attract consumers who prioritize health, making the landscape of dairy and non-dairy products even more competitive. Ultimately, whether or not the term “milk” is redefined, the demand for nutritious options, including those rich in calcium citrate benefits, will likely continue to shape consumer preferences and market dynamics.