WhiteWave, now owned by Danone, firmly opposes recent lawsuits challenging the use of the term “almondmilk,” deeming it a misallocation 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 who claim that their alternative milk products misleadingly assert that they are equally or more nutritious than dairy milk. A report from Mintel indicates that U.S. non-dairy milk sales surged 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 that threaten their market share and may lead to a decrease in dairy milk prices.
This ongoing dispute has been a hot topic in the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy processors, including WhiteWave, which accused these alternative dairy companies of mislabeling their plant-based products as “milk,” despite not originating from cows. By the end of 2016, over two dozen U.S. lawmakers sent a letter to former U.S. Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the usage 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 or plant-based milk alternatives from the definition of milk. This is a battle that milk manufacturers are unlikely to abandon in the near future, and it will be fascinating to observe how consumers react. It seems improbable that removing the term “milk” will deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many consumers prefer these alternatives for their taste and lower fat content, while also recognizing that products like almond milk can provide nutritional benefits, including a good source of calcium—typically around 630 mg per serving.