Oat milk must not be called milk, Supreme Court rules
Oat-based milk alternatives must not be described as 'milk', the Supreme Court has ruled.
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Wednesday's ruling effectively prevents oat drink manufacturers from using the word 'milk' for oat-based, vegan drinks and related products.
The Supreme Court’s decision comes after a long fought battle by popular plant-based brand Oatly, who trademarked the phrase 'Post Milk Generation' in 2021.
However, following two appeals, judges upheld the ruling that Oatly's trademark was invalid as it contained the word 'milk' in a way that contravenes UK trading rules for non-dairy products.
Dairy UK, which represents milk producers, claimed the firm had breached rules preventing the use of terms such as “milk” and “cheese” to market any product that is not derived from animal milk.
In the wake of the ruling, legal experts have said that vegan food companies will now be required to use alternative terms, including “plant-based drink” or “oat drink” instead of using “oat milk” on product marketing and packing.
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Speaking following the ruling, a spokesperson for Oatly told LBC: "We are deeply disappointed by today’s UK Supreme Court ruling.
"At Oatly, we will always stand up for what is right, and in our view prohibiting the trademarking of the slogan ‘Post Milk Generation’ for use on our products in the UK, is a way to stifle competition and is not in the interests of the British public.
"This decision creates unnecessary confusion and an uneven playing field for plant-based products that solely benefits Big Dairy."
Dr Judith Bryans, CEO of Dairy UK, said: “We are delighted that the Supreme Court upheld the earlier decision of the Court of Appeal, confirming that Oatly’s trade mark “Post Milk Generation” contravened the rules protecting reserved dairy terms.
“This ruling is an important decision for the sector, as it finally provides clarity on how dairy terms can – and cannot – be used in branding and marketing.
"It brings greater certainty for businesses and helps ensure that long-established dairy terms continue to carry clear meaning for consumers, while allowing appropriate descriptors to be used where the law permits.”
It comes as Richard May, from the law firm Osborne Clarke, said: “In practical terms, terminology such as ‘oat milk’ or ‘plant-based cheese’ now carries heightened legal risk in the UK market.
“Marketing teams will need to ensure that product names and campaign messaging do not stray into protected territory.”