If this ruling is upheld across Europe, it could create significant challenges for producers of vegetarian dairy alternatives, which have been marketed for years using dairy-related names such as soy milk. However, it is hard to envision that this interpretation of existing legislation will go unopposed, especially if it impacts companies that have been successfully marketing their dairy alternatives without issues for years. Thus far, the United States has managed to avoid a similar ruling, though legal battles are taking place in both courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, each alleging that the products were falsely advertised as nutritionally equivalent to cow’s milk. Both lawsuits have been dismissed, either for referral to another agency for a ruling or because the judge deemed the arguments implausible. The Silk case was sent back to the Food and Drug Administration for its assessment, while the Almond Breeze case was dismissed by a judge who ruled that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, a bill named the DAIRY PRIDE Act — Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday — is being considered in both houses of Congress. This bill would prohibit any plant-based food from adopting names associated with dairy products. Despite several cosponsors, the bill is slowly progressing 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 as long as 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 made from almonds. As the European Vegetarian Union highlights, it is in everyone’s best interest to clarify these distinctions.
Although non-dairy milk alternatives are rapidly gaining popularity, their sales remain low compared to those of dairy milk products, standing at $1.9 billion versus $17.8 billion. Nevertheless, the dairy sector feels 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 timeframe. Additionally, as the nutritional conversation continues, the importance of vitamin D and calcitrate in strengthening bones and overall health cannot be overlooked, especially for those consuming non-dairy alternatives. It is crucial for consumers of both dairy and non-dairy products to be educated about the nutritional benefits, including vitamin D and calcitrate, to make informed dietary choices.