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Arguing About ‘milk’ Until The Cows Come Home

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As anyone who’s ever taken a coffee order can tell you, there are a lot more milks out there than there used to be—soy, coconut, almond, cashew, oat, rice, banana, and even pea. But if you ask the dairy industry, those aren’t milks at all. Not even a little. Not even 2%.

Dairy, dairy, quite contrary: According to dairy producers, milk is not milk unless a mammal gets milked (usually a cow). Therefore, they say, plant-based beverages shouldn’t be able to use the term. But no one wants to be in the business of selling “pea water,” so, sometimes, alternative milk companies fight back, and things get litigious:

  • In February, the UK’s Supreme Court ruled that Oatly can’t use the word “milk” on its oat-based products.
  • In March, a Swiss court ruled that Alpro couldn’t call its oat beverage “Shhh…This Is Not M*lk,” because it might mislead consumers.

In the US, the FDA says that consumers understand that nut milks, etc., aren’t actually milk. In fact, that’s why they buy them. So, as long as they’re clearly labeled, they can still be sold as milk.

A moo(t) point?: While dairy milk sales remain strong thanks to consumers’ insatiable demand for protein, retail sales by volume of dairy-free milks have dropped more than 5% three years in a row, per research firm Circana.—BC

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