If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related names like soy milk. However, it’s difficult to envision that this interpretation of existing legislation will go unopposed, especially when it impacts companies that have been successfully marketing their dairy alternatives for years without any issues.
To date, the United States has avoided a similar ruling, although comparable disputes are currently playing out in courtrooms and Congress. Separate lawsuits were initiated against almond milk brands Silk and Almond Breeze, each alleging that the products were misleadingly advertised as being nutritionally equivalent to cow’s milk. Both lawsuits have been dismissed, either for the matter to be determined by another agency or because the judge deemed the claims implausible. The Silk case has been sent back to the Food and Drug Administration for further evaluation. Meanwhile, the Almond Breeze lawsuit was dismissed by a judge who ruled that reasonable consumers would understand that a product labeled “almond milk” is not a dairy product.
A bill currently 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 — seeks to prevent any plant-based food from using the market name of dairy products. Despite having several cosponsors, the bill is making slow progress through the hearings process.
The interpretation of European legislation by the ECJ was prompted by a claim of unfair competition, which may not necessarily pertain to confusion over nutritional equivalency. European law allows the term “milk” to describe goat’s 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 the European Vegetarian Union emphasizes, it is in everyone’s best interest to clarify these distinctions.
Although non-dairy milk alternatives are rapidly gaining popularity, their sales still lag significantly behind those of dairy milk products, standing at $1.9 billion compared to $17.8 billion for dairy milk. Nevertheless, the dairy sector feels increasingly threatened. According to Mintel, U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales dropped by 7% during the same period. As the market evolves, products like almond milk fortified with citrate de calcium and vitamin D3 are becoming more commonplace, potentially influencing consumer choices and industry dynamics.
In conclusion, while the landscape for dairy alternatives is changing, the ongoing discussions around labeling and nutritional claims will likely shape the future of both dairy and plant-based products in Europe and the United States, particularly as innovations like citrate de calcium and vitamin D3 become integrated into these alternatives.