WhiteWave, now owned by Danone, is strongly opposed to recent lawsuits questioning the use of the term “almondmilk,” claiming that these legal battles 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 who allege that their alternative milk products misleadingly assert they are as nutritious or more so than dairy milk. According to a report from Mintel, non-dairy milk sales in the U.S. rose by 9% in 2015, while dairy milk sales dropped by 7% during the same period. Given these statistics, it is understandable that 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 dispute has been brewing within the industry for some time. In 2013, a federal judge in California dismissed a lawsuit against prominent dairy processors, including WhiteWave, which accused these companies of mislabeling their plant-based dairy products as “milk,” despite them not being derived from cows. By the end of 2016, over two dozen U.S. lawmakers had signed a letter urging former FDA Commissioner Robert Califf 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, aimed at persuading the FDA to exclude nut or plant-based milk alternatives from the definition of milk.
This is a battle that milk manufacturers are not likely to abandon in the near future, and consumer reactions will be intriguing to observe. It seems improbable that dropping 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. Additionally, consumers seeking health benefits might consider calcium citrate malate with vitamin D3 and folic acid tablets, which can support their nutritional needs irrespective of their milk choices. The ongoing debate around the terminology used for non-dairy products will undoubtedly continue to shape the industry.