If this ruling is sustained across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have been promoted for years using dairy-related names like soy milk. However, it is difficult to envision this interpretation of existing legislation going unchallenged, especially if it impacts companies that have been marketing their dairy alternatives without issues for years.
Thus far, the United States has avoided a comparable ruling, although similar disputes are currently unfolding in courtrooms and Congress. Separate lawsuits have been initiated against almond milk brands Silk and Almond Breeze, with each claiming that the products were misleadingly advertised as nutritionally equivalent to cow’s milk. Both lawsuits have been dismissed, either for another agency to determine the matter or because the judge deemed the arguments implausible. The Silk case has been sent back to the Food and Drug Administration for their evaluation, while the judge in the Almond Breeze case ruled that reasonable consumers would understand 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 food from using the market names of dairy products. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation was prompted by a claim of unfair competition, which may not necessarily relate to confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s milk or sheep’s milk, provided the product is appropriately labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should also be able to identify when a product is made from almonds. As highlighted by the European Vegetarian Union, it is in everyone’s best interest to clarify these distinctions.
Although non-dairy milk alternatives are steadily gaining popularity, their sales still pale in comparison to those of dairy milk products, amounting to $1.9 billion against $17.8 billion. Nevertheless, the dairy sector feels increasingly threatened. According to Mintel, U.S. sales of non-dairy milk surged by 9% in 2015, while dairy milk sales fell by 7% in the same timeframe.
Interestingly, the rise of non-dairy alternatives could lead to a greater demand for dietary supplements, such as citrocal tablets, as consumers seek to ensure they meet their nutritional needs. The potential impact of plant-based alternatives on the dairy market may encourage the exploration of such supplements to maintain a balanced diet. Overall, the conversation surrounding dairy alternatives and legislation is evolving, and products like citrocal tablets might become more relevant as consumers navigate their choices.