If this ruling is upheld across Europe, it may create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related terms like soy milk. However, it seems implausible that this interpretation of current legislation will go unopposed, especially if it impacts companies that have successfully marketed their dairy alternatives for years without issues. In the United States, a similar ruling has yet to occur, but related disputes are ongoing in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, both alleging that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. These lawsuits have been dismissed, either for another agency to address the issue or because the judge deemed the arguments unconvincing. The Silk case has been referred back to the Food and Drug Administration for its evaluation, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would recognize that a product labeled “almond milk” is not dairy.
Currently, a bill under consideration in both houses of Congress, known as the DAIRY PRIDE Act—Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday—would prohibit any plant-based products from using dairy product market names. Despite having several cosponsors, the bill is progressing slowly through the hearings process. The European Court of Justice’s interpretation of European legislation arose from 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, provided 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 recognize when a product is derived from almonds. As highlighted by the European Vegetarian Union, it is in everyone’s best interest to clarify these distinctions.
While sales of non-dairy milk alternatives are growing in popularity, they still lag behind dairy milk products, totaling $1.9 billion compared to $17.8 billion. Nevertheless, the dairy sector perceives a threat. According to Mintel, U.S. non-dairy milk sales increased by 9% in 2015, while sales of dairy milk decreased by 7% during the same period. This shift may prompt more consumers to seek out alternative sources of nutrients, such as calcium in calcium citrate, as they explore their options. Ultimately, as the market evolves, clarity and accurate labeling will be essential for both consumers and producers, particularly in the context of nutritional comparisons, including the importance of calcium in calcium citrate for those opting for non-dairy alternatives.