The UK Court of Appeal has ruled that Swedish plant-based drink brand Oatly cannot use the slogan “Post Milk Generation” on its food and beverage products, a decision that overturns a previous ruling by the High Court. The decision marks the latest chapter in a prolonged legal dispute between Oatly and Dairy UK, the trade association representing the UK’s dairy industry.
“Making it harder to label and find dairy alternatives benefits the interests of Big Dairy and Big Dairy alone”
The case has been ongoing since 2019, when Oatly registered the slogan as a trademark with the UK Intellectual Property Office (IPO). Dairy UK contested the trademark, arguing that the term “milk” should only be used to describe products derived from mammals, in accordance with European Union regulations on agricultural products. Specifically, Article 78(2) of Regulation (EU) No 1308/2013 stipulates that terms like “milk” are protected for use exclusively in reference to dairy products.
Initial decision and appeal
In the original decision, the IPO granted Oatly the right to use the slogan on non-food items, such as T-shirts, but rejected its application for food and beverage products. Oatly appealed, and in December 2023, the High Court ruled in favor of the company, reinstating the trademark across all its product categories. The court determined that the phrase “Post Milk Generation” did not inherently cause confusion, as it was intended to suggest a shift away from traditional dairy milk, not to imply that the product itself was dairy.
However, the Court of Appeal’s ruling, issued on November 29, 2024, overturned this decision, siding with Dairy UK’s argument that the use of “milk” in a non-dairy context violated EU and UK regulations. Lord Justice Arnold, who delivered the judgment, affirmed that the term “milk” should be reserved for dairy products, echoing the position taken by the IPO in its original decision.
Benefiting the interests of Big Dairy
As reported by FoodBev Media, Bryan Carroll, general manager for Oatly UK & Ireland, argued that the ruling served the interests of the dairy industry, saying, “Be under no illusion that making it harder to label and find dairy alternatives benefits the interests of Big Dairy and Big Dairy alone.” Carroll also suggested that the decision undermined the shift toward more sustainable diets by hindering the progress of plant-based alternatives.
He continued, “[Big Dairy’s] cynical attempts to stifle competition through legal action contradicts the interests of the British consumer, creates an uneven playing field for plant-based products and worst of all, it delays progress in shifting the public towards more sustainable diets.”
However, Dairy UK welcomed the outcome, with Chief Executive Judith Bryans stating, “This unanimous decision reinstates the Intellectual Property Office’s original decision, which declared the trademark invalid for oat-based products.” She added that the ruling clarifies the legal protection of dairy terminology, emphasizing that such terms are exclusively for dairy milk, except under specific circumstances.
Broader implications
This ruling is part of a broader global debate on the use of terms like “milk,” “cheese,” and “burger” in plant-based product marketing. Turkey, Chile, Italy, and many states in the US, have attempted to restrict such terminology, while the European Court of Justice recently overruled a French ban on plant-based products using meat-related terms.
Despite the Court of Appeal’s ruling, Oatly has not ruled out further legal action, including a potential appeal to the Supreme Court. The decision, however, sets a precedent for plant-based labeling in the UK and raises questions about how brands can use language to differentiate themselves in a competitive market.
Lucy Hopkins-Parkinson, Oatly’s VP of Global Communications, commented on social media, “They didn’t invent the word milk, but they’re sure working hard to make sure only the excretion of a cow’s udder can be called it on supermarket shelves.”
You can watch the Court of Appeal streamed on YouTube here.
