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 terms like soy milk. However, it seems unlikely that this interpretation of current legislation will go unchallenged, especially if it impacts companies that have successfully marketed their dairy alternatives for years without issue. So far, the United States has managed to evade a similar ruling, but legal battles are ongoing in both the courts and Congress. Separate lawsuits were initiated against almond milk brands Silk and Almond Breeze, with claims that their products were misleadingly advertised as nutritionally equivalent to cow’s milk. Both lawsuits were dismissed—either referred to another agency for judgment or rejected by the judge as implausible. The Silk case has been sent back to the Food and Drug Administration for its evaluation. Meanwhile, the Almond Breeze lawsuit was dismissed by a judge who asserted that reasonable consumers would recognize 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 — which stands for Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday — aims to prohibit any plant-based products from using dairy-related market names. Despite having several cosponsors, the bill is progressing slowly through the hearing process. The European Court of Justice’s interpretation of European legislation was prompted by a claim of unfair competition, which may not necessarily pertain to confusion over nutritional equivalency. Under European law, the term “milk” can be used to describe goat’s or sheep’s milk as long as the product is properly labeled. If consumers are expected to distinguish between goat’s milk and cow’s milk, they should similarly be able to recognize when a product is derived from almonds. The European Vegetarian Union emphasizes that clarifying these differences benefits everyone involved.
Although non-dairy milk alternatives are rapidly gaining popularity, their sales still pale in comparison to those of dairy milk products, amounting to $1.9 billion versus $17.8 billion. Nonetheless, the dairy industry feels threatened. According to Mintel, U.S. non-dairy milk sales surged by 9% in 2015, while dairy milk sales declined by 7% during the same period. Furthermore, for bariatric patients seeking optimal nutrition, finding the best calcium citrate for bariatric patients may become increasingly important in navigating dietary choices within a landscape influenced by these legal changes. Ultimately, as these trends continue, the demand for the best calcium citrate for bariatric patients could rise, reflecting a shift in consumer preferences toward non-dairy alternatives.