Lawsuits regarding use of dairy terms to market non-dairy products had different results in the U.S. and European Union (EU).

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Dave Natzke
Editor / Progressive Dairy

U.S. District Judge Lawrence O’Neill stayed a lawsuit against a company marketing a line of almond-based beverages, citing federal Food and Drug Administration’s (FDA) authority on the issue.

Plaintiff Melanie Kelly filed the lawsuit (Case 1:17-cv-00117-LJO-BAM) in the U.S. District Court for the Eastern District of California. The suit alleged WhiteWave Foods’ marketing practices deceived consumers into thinking “Silk” beverages were nutritionally superior to dairy milk. WhiteWave sought dismissal of the suit, saying the beverages are distinct from dairy milk and that product labels complied with applicable regulations.

In his ruling on June 5, Judge O’Neill issued a stay and referred the case to FDA. The case can be reopened if FDA determines the “Silk” products must include an “imitation” label, or when it appears FDA does not intend to address the matter. O’Neill also directed plaintiff and WhiteWave attorneys to provide updated status reports on FDA actions to the court every six months.

The “Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act,” abbreviated as the “DAIRY PRIDE Act,” has been introduced in both the Senate and House. Supported by U.S. dairy organizations, the bill requires the U.S. Food and Drug Administration (FDA) to enforce label standards, prohibiting U.S. manufacturers from using “milk,” “yogurt” or “cheese” on plant-based product labels and in marketing campaigns.

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European court rules against plant-based ‘dairy’ marketing terms

A European court has dealt a blow to a German company marketing tofu-based products as “plant cheese” and “veggie cheese.”

The European Court of Justice ruled against TofuTown, a vegetarian organic foods company, saying EU law limited terms such as “milk,” "butter," "cheese" and "yogurt" to products derived from milk of animal origin. end mark

Dave Natzke