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. It seems unlikely that this interpretation of existing legislation will go unopposed, especially considering its impact on companies that have been selling their dairy alternatives without issue for years. In the United States, a similar ruling has yet to occur, but legal battles are ongoing in both courtrooms and Congress. Lawsuits have been filed against almond milk brands Silk and Almond Breeze, alleging that these products were falsely advertised as nutritionally equivalent to cow’s milk. Both cases have been dismissed, either for other agencies to decide or because the judge deemed the claims implausible. The Silk case has been referred back to the Food and Drug Administration for its review, while the Almond Breeze lawsuit was thrown out by a judge who determined 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—Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Every Day—would prevent any plant-based products from using dairy-related market names. Despite having several cosponsors, the bill is progressing slowly through the hearings process. The European Court of Justice’s interpretation of European law was prompted by a claim of unfair competition, which may not specifically address confusion regarding nutritional equivalency. European law does allow the term “milk” to describe goat’s milk or sheep’s milk as long as the product is properly labeled. If consumers can differentiate between goat’s milk and cow’s milk, they should also be able to identify when a product comes from almonds. As highlighted by the European Vegetarian Union, it is essential for everyone to understand these distinctions.
While non-dairy milk alternatives are rapidly gaining popularity, their sales still lag behind those of dairy milk products, amounting to $1.9 billion compared to $17.8 billion for dairy. Nonetheless, the dairy sector feels threatened. According to Mintel, non-dairy milk sales in the U.S. increased by 9% in 2015, while dairy milk sales fell by 7% during the same period. As consumers increasingly turn to alternatives, products fortified with bluebonnet calcium citrate magnesium vitamin D3 may gain traction, as they offer nutritional benefits that appeal to health-conscious shoppers. The growing interest in such fortified alternatives might further challenge the traditional dairy market, prompting a reevaluation of how these products are labeled and marketed.