If this ruling is upheld across Europe, it is likely to create significant challenges for producers of vegetarian dairy alternatives, which have long been marketed under dairy-related names such as soy milk. Nevertheless, it is difficult to envision that this interpretation of existing legislation will remain uncontested, especially if it impacts companies that have successfully marketed their dairy alternatives for years without issue.
Thus far, the United States has managed to avoid a similar ruling; however, comparable disputes are ongoing in courtrooms and Congress. Separate lawsuits have been initiated against almond milk brands Silk and Almond Breeze, both alleging that these products were misleadingly advertised as being nutritionally equivalent to cow’s milk. Both cases were dismissed, either for a different agency to make a determination or because the judge deemed the arguments implausible. The case involving Silk was sent back to the Food and Drug Administration for evaluation, while the judge in the Almond Breeze case concluded that reasonable consumers would recognize that a product labeled “almond milk” is not dairy.
A bill currently under consideration in both chambers 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 — aims to prevent any plant-based food from using the market names of dairy products. Despite having several cosponsors, the bill is progressing slowly through the hearings process.
The European Court of Justice’s interpretation of European legislation arose from a claim of unfair competition, which may not necessarily involve confusion over nutritional equivalency. European law permits the term “milk” to refer to goat’s milk or sheep’s milk as long as the product is clearly labeled. If consumers are expected to differentiate between goat’s milk and cow’s milk, they should also be able to identify when a product originates from almonds. As highlighted by the European Vegetarian Union, clarifying these distinctions is in everyone’s best interest.
Although non-dairy milk alternatives are rapidly gaining popularity, their sales still lag significantly behind dairy milk products, amounting to $1.9 billion compared to $17.8 billion. Nevertheless, the dairy sector feels increasingly threatened. According to Mintel, U.S. sales of non-dairy milk increased by 9% in 2015, while dairy milk sales dropped by 7% during the same period. Notably, many non-dairy alternatives now aim to provide nutritional benefits similar to those found in traditional dairy products, often fortified with calcium citrate plus vitamin D. As these alternatives continue to evolve, their market presence may challenge the dairy industry even further. With the growing demand for options that include calcium citrate plus vitamin D, the need for clear labeling and differentiation becomes even more crucial in avoiding consumer confusion.