Court rules: Oat drink Is not milk

Swedish company Oatly has lost a landmark case in the UK, barring the oat drink producer from using the slogan “Post Milk Generation” on its cartons.

The decision, reported by Dairy Reporter and handed down by the UK Court of Appeal in November, determined that using the term “milk” in Oatly’s marketing violates UK trademark laws and Article 78(2) of EU Regulation No. 1308/2013. This regulation reserves dairy-related terms exclusively for products made from animal milk.

Under EU rules, milk is defined as “the normal mammary secretion obtained from one or more milkings without any addition or extraction.” These rules also prohibit the use of terms such as whey, cream, butter, and yogurt to describe plant-based alternatives.

The ruling has significant implications for plant-based food brands in the UK. It effectively bans alternative dairy producers from using traditional dairy-related terms in their marketing, ensuring these terms remain exclusive to animal-based products.

Bryan Carroll, General Manager for Oatly UK & Ireland, voiced his disappointment, criticizing the ruling as a setback for consumer choice and sustainability efforts.

“Making it harder to market dairy alternatives only benefits Big Dairy. Their cynical attempt to stifle competition through legal action contradicts the interest of UK consumers, create an uneven playing field for plant-based products, and delay progress toward more sustainable diets,” Carroll said.