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December 19, 2016: From FoodSafetyNews:
"The issue of whether plant-based 'milks' mislead shoppers and violate FDA standards of identity has been tested a few times in the courts."
"The issue in the courts has been less clear cut. "In a December 1, 2015 order dismissing allegations (Gitson v Trader Joe’s 3:13-cv-0133) that Trader Joe’s had misled consumers and violated FDA standards of identity by using the term ‘soymilk’ on food labels, for example, US district judge Vince Chhabria said no ‘reasonable consumer’ would confuse soy with dairy milk."
"Meanwhile, the fact that there is a federal standard of identity for ‘milk’ which limits it to lacteal secretions from cows 'does not categorically preclude a company from giving any food product a name that includes the word milk'"
“The standardization of milk simply means that a company cannot pass off a product as ‘milk’ if it does not meet the regulatory definition of milk. Trader Joe's has not, by calling its products ‘soymilk,’ attempted to pass off those products as the food that the FDA has standardized (that is, milk).”
"He added: “The threshold question in this case… is whether the use of the word ‘soymilk" in the Trader Joe's products could conceivably violate the federal Food, Drug and Cosmetic Act. The answer to that question is no.”
"The court agrees with the defendents that the names 'soymilk', 'almondmilk', and 'coconutmilk' accurately describe defendents products."
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