UK Court Of Appeal Rules Oatly Cannot Use 'Milk' In Its Marketing

UK Court Of Appeal Rules Oatly Cannot Use ‘Milk’ In Its Marketing

Oatly is no longer allowed to use the word "milk" to market its dairy-free drinks

5th December 2024

3 Minutes Read

British judges have ruled that Oatly can no longer use the word “milk” in its marketing.

The UK’s Court of Appeal said that only traditional milk derived from animals can use the word “milk,” and plant-based alternatives like those produced by Oatly cannot.

This is the latest development in a long-running legal battle between the Swedish plant milk brand and Dairy UK, the trade association representing the interest of Britain’s dairy industry.

Oatly first attempted to trademark its slogan “Post Milk Generation” in 2019. In January 2023, the Intellectual Property Office (IPO) ruled that the use of the word “milk” in this way was “deceptive,” but Oatly successfully appealed against the decision in December 2023.

At the time, the High Court’s Justice Richard Smith ruled that Oatly’s slogan and products were clearly “for consumers who no longer consume dairy milk,” and would not confuse shoppers. However, the UK’s Court of Appeal has now overturned Smith’s decision.

“Be under no illusion that making it harder to label and find dairy alternatives benefits the interests of Big Dairy and Big Dairy alone,” said Oatly UK & Ireland general manager Bryon Carroll, as reported by FoodBev Media.

Read more: What Is Fish Milk?

Dairy UK’s legal action ‘cynical attempts to stifle competition’

Photo shows a selection of plant milks on supermarket shelves, including Oatly and Rude Health — Adobe Stock Many plant-based beverages use words like “drink” instead of “milk”

Debate and legal battles over the use of words historically associated with animal products are ongoing throughout Europe and the rest of the world. In October, The European Court of Justice (ECJ) struck down France’s attempt to ban “meaty” terms on plant-based products.

In June, Thailand published draft regulations to ban meat and dairy-related words like “patties” and “sausages” on plant-based foods. Last year, Poland and Italy made similar moves to limit and censor what language can be used to market meat alternatives. Due to a lack of consensus, Belgium appears to have shelved plans to restrict “meaty” labels.

Carroll added that Dairy UK’s “cynical attempts to stifle competition” are not in the interest of the British consumer, and further delay progress towards a more sustainable food system. “We will always stand up for what is right and we are considering our options,” he said.