“Milk” Comes from Breasts/Udders

The point is that each of these “milk” food names is legally established/recognized and refers to a lacteal secretion derived from mammals—not from plants. In contrast, “almond milk” (and “cashew milk” and “rice milk”) has no such legal/regulatory basis.  So, contrary to being consistent with federal law, a “[plant-derived] milk” food name violates it. “Almond milk” reportedly is misunderstood by consumers to name almond-flavored milk (akin to “chocolate milk”).  This certainly is false or misleading – not only for the explicit “milk” implication, but also because the labeling of plant-based alternatives as “milk” conveys a nutritional equivalency that is not accurate.  See 21 C.F.R. § 101.3(e) (“imitation” labeling).   Similarly violated by these food names is the Federal Trade Commission [“FTC”] Act.   Section 5 of the FTC Act prohibits “unfair or deceptive acts or practices in or affecting commerce.  15 U.S.C.  § 45(a)(1). Thus, false or misleading “[plant-derived] milk” food names, like “almond milk” (and “cashew milk” and “rice milk”), are unlawful in both food labeling and advertising.