It’s possible, but not likely, given the NMPF is not saying anything it hasn’t said before, and civil litigation challenging terms such as almondmilk and soymilk has failed to make much progress through the courts, observed Amin Talati Upadhye attorney Ryan Kaiser, So will this prompt action from the FDA (which has not responded to requests for comment)? "Some of our consumers are looking to reduce dairy, and some are interested in the benefits of nuts, but we also know that a lot of our consumers have dairy and almond products in their fridges." Attorney: Letter unlikely to spur FDA into action We work with outside regulatory counsel on our labeling decisions to make sure we're in compliance with labeling laws."Īs for nutrition, Kite Hill does not market its yogurts as nutritionally equivalent to dairy, she added, noting that consumers pick plant-based products for many reasons, from taste, to allergies and intolerances, sustainability, and animal welfare. " We looked at a lot of terms in the market but decided that 'artisan almond milk yogurt' was the most understandable to consumers. Given that Kite Hill states that the products at issue are ‘dairy free’ on the front of the pack, and that the word ‘yogurt’ is preceded by the words ‘almond milk’ on the labels, it was hard to see grounds for consumer confusion, however, said Berrien. The letters also accuse Kite Hill of misleading shoppers by “ falsely implying they are a suitable substitute for real dairy yogurt” and claim Kite Hill products are nutritionally inferior to their dairy-based counterparts. Jenny Berrien, VP of marketing for Kite Hill – which makes almondmilk-based ‘cheeses,’ ‘yogurts’ and other products – was speaking to FoodNavigator-USA after the NMPF wrote to the FDA and the California Dept of Agriculture to accuse the brand of violating federal standards of identity by using the term ‘yogurt’ on a non-dairy product.
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