Judge: Reasonable Consumer Knows Products Contain No Milk
U.S. District Judge Samuel Conti in California dismissed a lawsuit by ruling that that a reasonable consumer would not be deceived into thinking that products labeled as “soymilk” and “almond milk” contain dairy milk.
Conti said in the ruling, “Under plaintiffs’ logic, a reasonable consumer might also believe that veggie bacon contains pork, that flourless chocolate cake contains flour, or that e-books are made out of paper.”
The ruling terminates a lawsuit filed in California that seeks class action status and accuses manufacturers WhiteWave Foods, Dean Foods, WWF Operating Co. and Horizon Organic Dairy of false advertising. The judge said that because the words “soy” and “almond” precede “milk” in the product names, it’s obvious to “even the least discerning of consumers” that they’re not produced by dairy cows.
Since the FDA hasn’t adopted a uniform interpretation for what such products should be called, Conti said he agreed with the manufacturers that the terms “soymilk” and “almond milk” are accurate descriptions.
Soy milk, a beverage made from soybeans, is a stable emulsion of oil, water, and protein. It is produced by soaking dry soybeans and grinding them with water. Soy milk contains about the same proportion of protein as cow’s milk: around 3.5%; also 2% fat, 2.9% carbohydrate, and 5% ash. commonly used. The coagulated protein from soy milk can be made into tofu, just as dairy milk can be made into cheese.
Almond milk, a beverage made from ground almonds, contains no animal products, cholesterol nor lactose.
Sources: Western United Dairymen, 12/20/13
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