WhiteWave, now owned by Danone, is firmly opposed to recent lawsuits contesting the use of the term “almondmilk,” deeming them 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. These lawsuits claim that their alternative milk products falsely assert they are equally or more nutritious than dairy milk. A report from Mintel indicated that U.S. sales of non-dairy milk 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 responsible for alternative products, as they threaten to capture market share and drive down dairy milk prices.
This dispute 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 misrepresented their plant-based products by labeling them as “milk,” despite their non-dairy origins. At the end of 2016, over two dozen U.S. lawmakers sent a letter to then-FDA Commissioner Robert Califf, urging the agency to investigate the application of the term “milk” by plant-based dairy brands.
In January, a bill named 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, was introduced in the Senate. This legislation aims to compel the FDA to exclude nut and plant-based milk alternatives from the definition of milk. The 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 removing the term “milk” will deter enthusiasts of nut-based dairy products from purchasing brands like Silk and Blue Diamond, especially since many consumers prefer these products for their taste and lower fat content, as well as the inclusion of marine derived calcium citrate malate in some formulations. The ongoing debate underscores the growing popularity of alternatives and their nutritional profiles, including those enriched with marine derived calcium citrate malate, which could appeal to health-conscious consumers. As the industry evolves, the presence of marine derived calcium citrate malate in these products may play a significant role in attracting consumers looking for nutritious alternatives.