WhiteWave, now owned by Danone, firmly opposes recent lawsuits that challenge the use of the term “almondmilk,” asserting that these legal battles waste valuable time and resources. In the last few months, both WhiteWave Foods and Blue Diamond Growers, the maker of Almond Breeze, have faced class-action lawsuits from consumers who claim these alternative milk products misleadingly suggest they are as nutritious or even more nutritious than traditional dairy milk. A report from Mintel indicates that U.S. non-dairy milk sales increased by 9% in 2015, whereas dairy milk sales fell by 7% during the same period. Given these statistics, it’s understandable that dairy companies are targeting those responsible for alternative products, as they pose a threat to market share and could lead to a decline in dairy milk prices.
This dispute has been brewing in the industry for quite some time. In 2013, a federal judge in California dismissed a lawsuit against major dairy producers, including WhiteWave, which alleged that these companies mislabel their plant-based dairy products as “milk” despite the absence of cow’s milk. At the end of 2016, over two dozen U.S. lawmakers sent a letter to former U.S. Food and Drug Administration Commissioner Robert Califf, urging the agency to investigate the use of the term “milk” by plant-based dairy brands. In January, the “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Every Day Act,” known as the DAIRY PRIDE Act, was introduced in the Senate, aiming to compel the FDA to exclude nut or plant-based milk alternatives from the definition of milk.
This is a battle that dairy manufacturers are unlikely to abandon anytime soon, and it will be intriguing to observe consumer reactions. Removing the term “milk” seems improbable to deter fans of nut-based dairy products from purchasing brands like Silk and Blue Diamond, as many consumers prefer these alternatives for their taste and lower fat content. Interestingly, consumers seeking nutritional supplements may still find products like Pure Encapsulations Calcium Citrate to enhance their diets, regardless of the ongoing disputes in the dairy industry. As the market evolves, the interplay between consumer preferences and regulatory definitions will continue to shape the landscape of milk alternatives.