UK Supreme Court Rules Plant-Based Brands Cannot Use ‘Milk’ in Marketing in Landmark Dairy Victory
LONDON — In a decisive ruling that reshapes the labeling landscape for the UK’s booming plant-based sector, the Supreme Court has unanimously held that oat drink manufacturer Oatly cannot use the word “milk” in its trademark “Post Milk Generation.” The judgment, delivered on Wednesday, effectively reinforces the prohibition on calling plant-based alternatives “milk,” handing a significant victory to the dairy industry.
The ruling concludes a long-running and bitter legal dispute between the Swedish oat giant and Dairy UK, the trade association representing British dairy farmers. The five Supreme Court justices upheld an earlier Court of Appeal decision, declaring Oatly’s trademark invalid on the grounds that it violates retained EU regulations which strictly define “milk” as a “mammary secretion.”
Deep Legal Implications for the Sector
While the specific case centered on the slogan “Post Milk Generation,” the implications of the verdict extend far beyond a single tagline. Legal analysts suggest this ruling sets a rigid precedent preventing plant-based brands from “category borrowing”—the marketing strategy of using dairy terminology to familiarize consumers with alternative products.
By rejecting Oatly’s argument that the slogan was merely describing a consumer demographic rather than the product itself, the Court has signaled that UK regulators will take a zero-tolerance approach to the use of protected dairy terms. This interpretation suggests that even clever wordplay or context-dependent uses of “milk,” “butter,” or “cheese” on non-dairy packaging are now legally perilous. The decision confirms that despite Brexit, the UK judicial system intends to maintain, if not strengthen, the strict food labeling standards originally harmonized under European Union law (Regulation 1308/2013).
“Stifling Competition”: Industry Backlash
The verdict has sparked immediate outrage from Oatly and plant-based advocates, who argue the ruling is less about consumer protection and more about shielding the traditional dairy industry from modern competition.
“We are deeply disappointed by this decision,” a spokesperson for Oatly UK & Ireland stated immediately following the judgment. The company contends that the ruling “stifles competition” and insults the intelligence of the British public. “Consumers are perfectly capable of distinguishing between a drink made from oats and one made from a cow. This decision creates an uneven playing field that solely benefits Big Dairy at the expense of sustainable innovation,” the spokesperson added.
Critics of the ruling argue that the strict enforcement of these naming conventions is archaic, pointing out that terms like “coconut milk” and “peanut butter” have long been accepted without causing consumer confusion. They fear this precedent could embolden other traditional sectors to launch similar legal attacks against meat alternatives, potentially endangering terms like “veggie sausage” or “soy burger.”
A Victory for Clarity
Conversely, Dairy UK celebrated the ruling as a triumph for transparency. Dr. Judith Bryans, Chief Executive of Dairy UK, said the organization was “delighted” with the outcome.
“This ruling provides essential clarity,” Bryans said. “It ensures that long-established dairy terms continue to carry a clear, specific meaning for consumers. Milk is a unique, nutrient-rich food, and it is vital that shoppers are not misled by marketing that blurs the lines between dairy and plant-based imitations.”
Background of the Battle
The legal saga began in 2019 when Oatly applied to register “Post Milk Generation” as a trademark for its food and drink products. The application was initially accepted but subsequently challenged by Dairy UK. The Intellectual Property Office (IPO) originally sided with the dairy lobby, ruling the mark deceptive.
Oatly fought back, winning a reprieve in the High Court, which found the slogan to be a valid descriptor of a consumer movement rather than a product claim. However, the Court of Appeal overturned that victory, leading to today’s final Supreme Court showdown. The Justices ultimately found that the use of “milk” in the slogan did not clearly describe a characteristic of the product (such as being milk-free) but instead utilized a protected designation in a way that contravened labeling regulations.
As a result of today’s ruling, Oatly—and likely other plant-based competitors—will be forced to scrub the word “milk” from their UK marketing materials, reverting to strictly descriptive terms like “oat drink” or “plant-based beverage” to avoid further litigation.
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