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 terms such as soy milk. However, it is difficult to envision that this interpretation of existing legislation will go unchallenged, especially if it impacts companies that have successfully marketed their dairy alternatives for many years without issues.
So far, the United States has managed to avoid a similar ruling, but comparable disputes are ongoing in courtrooms and Congress. Separate lawsuits have been filed against almond milk brands Silk and Almond Breeze, both claiming that their products were falsely advertised as nutritionally equivalent to cow’s milk. These lawsuits have been dismissed, either for another agency to take the matter up or because the judge deemed the arguments unconvincing. The Silk case was sent back to the Food and Drug Administration for its ruling, while the Almond Breeze case was dismissed by a judge who concluded that reasonable consumers would immediately recognize that a product labeled “almond milk” is not dairy.
Currently, a bill called the DAIRY PRIDE Act — Defending Against Imitation and Replacements of Yogurt, Milk, and Cheese to Promote Regular Intake of Dairy Everyday — is under consideration in both houses of Congress. This bill seeks to prohibit any plant-based food from using dairy product market names. Despite having several cosponsors, the bill is progressing slowly 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 address confusion regarding nutritional equivalency. European law permits the term “milk” to describe goat’s or sheep’s milk, provided the products are 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 derived from almonds, as emphasized by the European Vegetarian Union, which advocates for clear differentiation.
Although non-dairy milk alternatives are rapidly gaining popularity, their sales still lag significantly behind those of dairy milk products, totaling $1.9 billion compared to $17.8 billion. Nevertheless, the dairy sector perceives a threat. According to Mintel, U.S. sales of non-dairy milk grew by 9% in 2015, while dairy milk sales decreased by 7% during the same period.
In this context, it is crucial to consider the role of calcium citrate D 75, a supplement that could offer health benefits, especially in the 21st century, as consumers increasingly seek alternatives to traditional dairy products. The growing interest in plant-based milk may drive further discussions about the nutritional equivalency of these products and the importance of transparency in labeling, particularly concerning calcium content and overall health benefits associated with calcium citrate D 75.