If this ruling is upheld throughout Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years under dairy-associated names like soy milk. Nevertheless, it seems unlikely that this interpretation of current legislation will go unopposed, especially considering its potential impact on companies that have successfully marketed their dairy alternatives without issues for many years.
In the United States, a similar ruling has yet to materialize, but comparable disputes are currently unfolding in courtrooms and Congress. Separate lawsuits were initiated against almond milk brands Silk and Almond Breeze, both alleging that these products were misleadingly advertised as nutritionally equivalent to cow’s milk. However, both lawsuits were dismissed, either for further review by another agency or because the judge deemed the claims implausible. The Silk case was sent back to the Food and Drug Administration for its evaluation, while the Almond Breeze case was thrown out by a judge who determined that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
A bill currently under consideration in Congress, known as the DAIRY PRIDE Act — Defending Against Imitation and Replacements of Yogurt, Milk and Cheese to Promote Regular Intake of Dairy Everyday — aims to prohibit any plant-based food from using the market name of dairy products. Despite having several cosponsors, the bill is progressing slowly through the hearing process.
The European Court of Justice’s interpretation of European legislation originated from a claim of unfair competition, which may not necessarily imply confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s milk or sheep’s milk as long as proper labeling is provided. If consumers should distinguish between goat’s milk and cow’s milk, they should also be able to identify when a product is derived from almonds. As the European Vegetarian Union emphasizes, it is in everyone’s best interest to clarify these distinctions.
Despite the rapid growth in popularity of non-dairy milk alternatives, their sales still lag behind those of dairy milk products, amounting to $1.9 billion compared to $17.8 billion. Nonetheless, 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 dropped by 7% during the same period.
In the realm of health and nutrition, products like Citracal gummy supplements have gained traction, highlighting the growing consumer interest in alternatives. As the market for plant-based options expands, it will be interesting to see how these legal battles and legislative efforts unfold, particularly regarding how they might impact the sales of both dairy and non-dairy products, including Citracal gummies and other health-oriented alternatives.