Tofu milk can’t be called milk!

What’s in a name? Some years back, the dairy industry did a lot of lobbying in Brussels. Dairy names like milk, cheese and butter are protected designations. Milk may only be called milk if it is obtained from the udders of an animal: hence cows' milk, goats' milk and camels' milk. But what impact does this have on soya milk? Or tofu milk? Error! These can't be called 'milk' because they come from plant-based soya or tofu. With not an udder in sight.

TofuTown.com Duitsland took its case all the way to the European Court of Justice in their attempt to be allowed to use 'tofu milk' for its product. And failed. The Court actually had no alternative; the statutory definition is cut and dried, and 'tofu milk' just doesn't fit into it. Even disclaimers ('not real milk') fail to help. The Dairy Products Regulation admittedly allows a few historical exceptions, such as peanut butter (with no butter in it) and cocoa milk (the sap of the coconut, so not real milk). But these are on an exclusive list that does not include soya or tofu. Alas, no use crying over spilt milk ….

It all seems crazy, of course. Manufacturers are forced into using all sorts of fantasy names to avoid the word 'milk' on the packaging: Ricedream for your porridge and a splash of soyadrink in your coffee. While at the same time, lots of coffee bars have 'cappuccino with soya milk' on the menu. Because the average Dutch person uses it like milk and therefore calls it milk, consumers are fully aware that soya milk is vegetable-based. There's no misdirection involved here. The solution to this crazy situation? An extension of the list of exceptions to the Agricultural Products Regulation, arguing that adding the suffix 'milk' makes the texture or use of the soya or tofu quite clear to the consumer.

Let's get this back to Brussels ….

Ebba Hoogenraad and Sarah Arayess