U.S. Court of Appeals Says Almond Milk Is Milk

Almond milk producers are allowed to call their product milk, says the U.S. Court of Appeals for the Ninth Circuit. The court agreed with another court dismissal of a class action lawsuit filed against Blue Diamond Growers, makers of the best selling almond milk in the United States. The lawsuit alleged that the company was misleading consumers and subsequently advocated for labeling plant-based milk as “imitation milk” due to their inferior nutritional content. This is not the first time nut milk has found itself fighting to use the term milk, as the dairy industry is using all avenues available to them to deal with a culturally, ethically, and environmentally shifting world.

Ongoing Saga

The initial lawsuit against Blue Diamond Growers was filed in January 2017. the almond thing has been in court since at least 2017. The case was dismissed with prejudice in 2017, and the case was then appealed by the plaintiff in 2018. After the second dismissal due to the lack of proof that consumers would be misled by almond milk’s nutritional claims and information, it seems unlikely that almond milk manufacturers will need to change their labeling practices based this lawsuit. They will, however, need to reconcile this issue with the Food and Drug Administration sooner rather than later.

In a statement released in September 2018, FDA commissioner Scott Gottlieb expressed sentiments remarkably similar to those in the case against Blue Diamond Growers.

The wide variety of plant-based foods that are being positioned in the marketplace as substitutes for standardized dairy products has been the subject of much discussion in our initial work on the Nutrition Innovation Strategy. The rising demand for plant-based products, like soy-based alternatives to cheese and nut-based alternatives to milk, has created a growing number of new food choices in supermarket aisles. However, these products are not foods that have been standardized under names like “milk” and “cheese.” The FDA has concerns that the labeling of some plant-based products may lead consumers to believe that those products have the same key nutritional attributes as dairy products, even though these products can vary widely in their nutritional content. It is important that we better understand consumers’ expectations of these plant-based products compared to dairy products.”

It’s comforting to hear that the FDA is paying attention to and invested in the changing nutritional needs of the public. Still, recent studies have found that milk doesn’t provide nearly the health benefits either, especially if you’re unable to easily digest it. Yet the FDA references the nutritional superiority of dairy with the phrase “key nutritional attributes.” Why is the government agency acknowledging new attitudes without making room for the possibility that we might not need milk like previous generations thought we did?

Related: Homemade Vegan Nut Milk Recipes

Dairy Farmers in Crises

The growing interest in relabeling milk alternatives has a direct correlation with the fortunes of the dairy industry. The dairy industry is in a particularly rough spot and has been for decades now. Dairy consumption has dropped by 40 percent since the 1970s, and that shows no sign of stopping. The dairy industry has received two separate bailouts within the last three years, including a billion dollar allotment in a budget agreement signed by the Senate in 2018 and a USDA purchase of 11 million dollars of surplus cheese in 2016. Previous efforts at combating the downward trend include the popular got milk campaign, but the current business strategy of blaming alternative milk for declining milk sales isn’t likely to fix the issues with the dairy industry.

Nut milk appeals to the lactose intolerant, the health conscious, the environmentally conscious, and vegans. The public is also paying more attention to how their food is produced, and several dairy industry practices make consumers less likely to support the dairy industry. These practices include but are not limited to separating mothers and babies less than a week after birth, dehorning cows, and keeping cows constantly pregnant.

In addition to shifting public perceptions, the dairy industry is also dealing with a problem of their own making. While the demand for milk and other dairy products has declined, dairy producers have continued to build their surplus. In 2017, the reported milk surplus was more than four times the amount of the actual consumer demand for milk. This imbalance also negatively effects dairy farmers, who are forced to sell milk for lower prices. Many farmers are subsequently going out of business.

Recommended: How To Heal Your Gut

Milking Nuts

All of this is good news for nut milk producers like Blue Diamond Growers, the defendant in this case. The dairy industry is losing its mojo, and this lawsuit and other stalling tactics are only increasing the whiff of desperation. The dairy industry may not like the competition from nut milk and other non-dairy alternatives, but that won’t change the fact that those products are here to stay.

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Plant-Based Milk Draws “Misleading Label” Claims From Dairy Industry

The answer to an age-old question in advertising used to be simple. Got milk? Yes, America answered. But that is not our new reality. The question remains the same. The answer now? What kind of milk?

Milk is no longer something your local milkman drops off in a crate on your front porch. Milk comes in many different varieties. There are dairy versions like cow, goat, sheep, or buffalo (though the last two milks usually end up as cheeses). If you’re vegan or lactose-intolerant, there are options like almond milk, soy milk, coconut milk, rice milk, hemp milk, oat milk, pea milk…yeast milk? At this point, it’s safe to say milk is a both a universal and incredibly niche item. Cow milk is everywhere, but if you know where to look, the options magically open up.

Why on earth does this box of milk have almonds on it? This is sooooo confusing!

Protecting the People from Reading Labels

More than thirty congressional members have signed a letter to the Food and Drug Administration to ask that the FDA take “appropriate action” in regards to milk labels. While their idea of appropriate action is not specified in the letter, it’s clear that the dairy industry considers plant-based milk products a threat. Unfortunately for the current food establishment, this is not the first or last time customer demand will force them to adapt or die.

Americans are eating less meat. They’re more environmentally conscious. Allergies are also on the rise, and more people are beginning to see the correlation between what they eat and their overall health. Half of Americans consume non-dairy milk, and over one-third of them are open to plant-based eating in general. This is naturally going to open up the food market for healthy competition from alternatives to traditional meat and dairy. The “appropriate reactions” from big food companies so far have been to run to the FDA, claiming a product label like almond milk has the potential to fool customers into thinking they are buying dairy milk. Another example is Hellman’s Mayonnaise claiming consumers needed to be protected from vegan mayonnaise because it isn’t “real” mayonnaise.

Is This the System We Want?

Large corporations often handicap their competition while pretending to play the part of the consumer’s champion. Pay no attention to the fact that the vegan mayo behind the curtain is serving a growing population looking for healthier and more environmentally friendly options while egg costs have never been higher. You, the consumer, have been wronged by their confusing label. The language in the letter to the FDA from dairy state congressmen seems altruistic…until you realize they have claimed the consumer is not capable of reading a label. Why on earth does this box of milk have almonds on it? This is sooooo confusing!

Consumers have more access to information than ever before, and they’ve changed. Questioning the status quo is now the thing to do. Tactics like letters released and lawsuits filed over “misleading labels” are a system that believes people aren’t able to see the bias, and it’s also one of the reasons these industries are floundering right now. Consumers want healthier options and product accountability. Hellmann’s may have figured something out… their new vegan mayo line launched in 2016, 2 years after they tried to shut down Just Mayo.

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Homemade, Vegan Nut Milk Recipes and More

If you’re making nut milks for better health, there are a few rules you’ll want to adhere to. First and foremost, kudos for making your own. Homemade is always better when done right. But to do it right, skip the soy milk. It’s no good. When buying almonds, make sure they are not pasteurized. Buy raw nuts. Cashews aren’t really raw, so they’re not the healthiest choice, but I do use them sometimes.

Contents

soak & Sprout

PRE-MILKING: Soak and Sprout Times for Nuts

Before you milk your nuts, it is best to soak them. There’s a lot of conflicting information about soak times for nuts but I personally soak nuts for 24 hours and then dehydrate them at 112°F in our dehydrator or at room temperature if the air is dry enough.

how long to soak nuts seeds beans
I soak raw nuts to remove enzyme inhibitors and activate enzymes. I don’t soak seeds, but some do. I don’t soak cashews because I think that nut is already dead, but as you can see from the infographics on the left, there is some disagreement.

soak sprout chart

How to Make Nut Milk with a Blender

This recipe yields 5 cups or just over a liter and takes less than ten minutes. I’ve used almonds, hazelnuts, brazil nuts, macadamia nuts, cashews, pecans, and walnuts for this standard nut milk recipe.

Ingredients

  • 3-4 cups water (some nuts and some circumstances require a little more or less)
  • 1 cup of raw, soaked nuts
  • 1-3 pitted dates or use stevia, raw honey, or maple syrup to taste (all sweeteners are optional; you may prefer unsweetened nut milk to drink or for use in recipes)

Instructions

  1. Place ingredients in a blender and secure lid.
  2. Turn blender on high, but not too fast or for too long if you want raw milk.  (Too fast or too long will cook the enzymes!)
  3. Blend for about 45 seconds or until desired consistency is reached.
  4. If you like thinner milk (most do, but I usually keep the fiber), strain it with cheesecloth, pantyhose (unworn would be a good idea here), or muslin cloth and a fine mesh strainer, but many prefer to use a reinforced nut milk bag.
  5. Store milk in refrigerator.
  6. Shake well before using.

Notes:

  • The less strained a nut milk is, the higher its fiber content.
  • I don’t recommend straining cashew milk.
  • If you use raw honey, do not use the milk for baking, cooking, coffee, hot tea, etc. if you want to retain the benefits of raw honey.
  • I blend with 3 cups first, and then decide if I want some of the fourth cup.

The following are a few other nut milk and non-dairy recipes with videos. These videos are not our videos, so the recipes don’t always exactly match, but as you’ll see reading on, making nut, seed, rice, and other non-dairy milks is really just about blending together water with something fatty (like almonds) to flavor the water. The trick is how to have a finished product with the right consistency and taste balance. Play around and find your own nut milk style and groove.

Making Almond Milk with a Blender

almond milk recipe meme

Making Almond Milk with a Slow Juicer

Masticating verticle juicers such as the Omega VRT 350 or 400 and horizontal twin gear juicers can be used to make nut milks. In my experience, the single gear juicers like mine don’t do so well (see the video below).

The video indicates the 8004 (single gear) left behind a delicious nut cream. I tried it, and it worked well. I put the weak nut milk in a blender and added more almonds, lightly strained and had great milk.

Other Non-dairy Milk Recipes

Nut milks are rich and creamy, but there are many more to choose from, and mixing milks to find your own favorite formula is fun. I really like 40% flax, 50% almond, and 10% cashew with some cinnamon, cardamom, and a touch of nutmeg. I don’t like things very sweet, so if you do, you may prefer more dates than I do, or another sweetener entirely or no sweetener at all.

Speaking of flavor, sweeteners are not necessary (it’s up to you), and should always be done by taste. For more on sweeteners, be sure to check out Healthy Alternative Sugars. I recommend the following, in order based on both health consciousness and what I like to taste in these recipes.

Sweeteners and Spices For Non-Dairy Milks

  • Stevia
  • Dates
  • Raw honey (only if it will not be heated)
  • Blackstrap molasses
  • Sugar cane juice
  • Granny smith apple juice
  • Maple syrup

I also like using stevia to sweeten and then just a little maple syrup or another sweetener to mask the stevia. Stevia is great for essentially amplifying the sweetness of another sweetener.

Spices for Non-Dairy Nut Milks

  • Cinnamon
  • Nutmeg
  • Allspice
  • Ginger
  • Cloves
  • Cardamom

Just a pinch! Depending on what you are using the milk for, use very little of these spices. The taste gets stronger after the milk sets a while. This is especially true with nutmeg. You can ruin any dish with just a little too much nutmeg.

Also, the fineness of your strainer will have a tremendous impact on the taste and consistency of your milk. The less you strain, the more potential for a chalky or slimy texture (depending on the nut, the humidity, and some other factors). On the other hand, with some nuts and seeds, or with some recipes, less of a fine strain may be in order. Plus, there are health benefits in the pulp, so the more of it you get, the better, (unless there are digestive issues to consider).

Healthy & Heavenly Flax Milk Recipe

Flaxseed doesn’t have the most diverse set of benefits, but it is heavy in beneficial omega 3 fats and contains between 75 and 800 times more lignans than other plant foods.

There’s no need to soak or sprout flax seeds.

I like the taste of dates, maple syrup, cane juice, and honey in my homemade flax milk, but I tend to just use honey because I never heat flax milk, and I often heat other milks such as almond or hazelnut for oatmeal and other treats. Heating raw honey or flax does not make for a healthy meal. I’m also careful to keep the blender from cooking the flax as well.

Ingredients

  • 1/3 cup flax seeds
  • 3 cups water (plus 1-1.5  more cups)
  • Straining cloth or milk nut bag
  • 1 tbsp raw honey
  • Vanilla to taste (a tiny bit! I do about 1/4 tsp)

Instructions

  1. Combine flax seeds and 3 cups water in blender
  2. Blend until thick and creamy on high heat, but not too hot as to cook the flax
  3. Strain
  4. Blend 1-1.5 more cups water plus honey to desired consistency
  5. Can be used right away or chilled for later

Notes

Brown or golden flax will work fine. I used brown, but I’ve read that golden flax results in a milder flavor.

Homemade Honey Hemp Milk

Hemp milk, like flax, is a quick and easy to make since hemp doesn’t need to be soaked overnight. Hemp seeds (hulled hemp nuts) are for omega-3 fatty acids and gamma-linolenic acid (GLA), an essential omega-6 fatty acid found in borage oil and egg yolks that is known to naturally balance hormones. Hemp also has all 10 essential amino acids, making hemp a complete source of protein on its own. Calcium, potassium, phosphorous, vitamin A, and magnesium are also prevalent in hemp and homemade hemp milk.

Ingredients

  • 1 cup hemp hearts (also called seeds or shelled hemp nuts)
  • 3 to 4 cups filtered or spring water (3 cups for thicker milk, and up to 4 cups for thinner)
  • 1 Tbsp of coconut oil (optional)
  • 2 Tbsp of raw honey and a drop of stevia (pick another sweetener if you’re gonna heat this milk)
  • Vanilla to taste
  • A pinch of Himalayan pink salt (or other unprocessed sea salt)

Instructions

  1. In a high-speed blender, add hemp and water
  2. Blend on high for about two minutes, until fully liquefied
  3. Strain, put back into blender (rinse the blender first)
  4. Add coconut oil (if using), honey and stevia, vanilla powder and salt. Blend briefly.

https://www.youtube.com/watch?v=tGlx_ch-gvs

How to Make Your Own Coconut Milk

I find coconut milk to be an easy recipe, but if you’re picky about the texture, coconut can be a little more labor intensive. What I love about coconut milk is that I find it to be the most versatile, the most robust, and the most beneficial of all the nut milks.

Coconut milk can be cooked at moderate temperatures without affecting the health benefits, the fat is incredibly good for you.

  • 1 cup dried coconut chips -or- between 2-3 whole, mature coconuts
  • 2 cups water

Instructions

If you’re using whole coconut, extract the meat. You can also use coconut water to substitute for water.

Blend. Blend for a while; take your time. You can blend at high speeds as well since coconut is not very susceptible to heat damage. When the coconut meat is as liquefied as possible, transfer the contents of your blender to the cheesecloth or other strainer.

Some people repeat the process, blending more and then straining again. Other recipes call for hot water to further emulsify the coconut meat into the water.

Making Brown Rice Milk at Home

It isn’t good for you at all if you use refined rice. Always use brown rice. Brown rice is a good source of fiber, manganese, and selenium. It also has some decent levels of iron, copper, niacin, and folate.

Ingredients

  • 3/4 cup cooked rice
  • 3 cups filtered water

Instructions

Measure rice into a blender, add the water, and blend until smooth (approximately 1 minute). You may want to blend again for ultra smooth consistency.

Conclusion

Most nut milks are best fresh though I find the sweeter, seasoned varieties I make are better 6-10 hours later. I admit, this could just be my imagination. Homemade nut and seed milks generally last between 5 to 10 days when properly refrigerated. The smell and taste is pretty obvious when they turn, so check the 5-day-old milk before you risk ruining a bowl of cereal. With all of these milks (just like unpasteurized milk), shake before using.

As mentioned, the sweeteners are optional. I recommend as little refined sugar as possible in a diet, and I rarely make sweet nut milks for myself. When I do, I almost always use stevia to amplify another sweetener like raw honey or maple syrup. I don’t generally do a lot of cashews or almonds because they’re expensive to buy unpasteurized (cashews are cooked during the difficult opening process, and truly raw cashews are hard to find and very expensive).

If you suffer from digestive problems or any health issues, see this article. And remember, it is imperative that you soak nuts that need to be soaked. Enzyme inhibitors age us rapidly, so get rid of them.

If you’ve got any tricks or techniques for making alternative, non-dairy milks, be sure to leave us a comment below.

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