WhiteWave, now owned by Danone, firmly opposes the recent lawsuits challenging the use of the term “almondmilk,” labeling them as 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 claiming that their alternative milk products misleadingly assert being as nutritious, if not more so, than dairy milk. A report by Mintel indicated that non-dairy milk sales in the U.S. rose by 9% in 2015, while dairy milk sales experienced a decline of 7% during the same period. Given these statistics, it is understandable why dairy companies are targeting those behind alternative products, as they pose a threat to market share and could lead to a decrease in dairy milk prices.
This controversy has been brewing in the industry for quite some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which alleged that these alternative dairy companies were improperly labeling their plant-based dairy products as “milk,” despite not originating from cows. Towards the end of 2016, over two dozen U.S. lawmakers sent 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 seeks to prompt the FDA to exclude nut or plant-based milk alternatives from the definition of milk.
This battle is one that dairy manufacturers are unlikely to abandon anytime soon, and it will be intriguing to observe consumer reactions. It appears improbable that eliminating the term “milk” will deter enthusiasts of nut-based dairy products from purchasing brands such as Silk and Blue Diamond, as many consumers favor these options for their flavor and lower fat content. Furthermore, as consumers increasingly seek products fortified with calcium, citrate, magnesium, and zinc, the demand for alternative milk products may continue to rise regardless of legal challenges. The pricing of these enriched products, particularly those containing calcium citrate, magnesium, and zinc, will also play a crucial role in shaping consumer preferences in the evolving dairy market.