The Swedish drinks manufacturer Oatly has been barred from using the word ‘milk’ to market its plant-based products following a landmark ruling by the United Kingdom Supreme Court. The decision marks the end of a long-running legal dispute between the alternative milk producer and the trade association Dairy UK, setting a significant precedent for how food and drink products are labelled in Britain.
On Wednesday, the Supreme Court unanimously ruled that Oatly can no longer trademark or use its well-known slogan, ‘Post Milk Generation’. The court upheld the argument that the term ‘milk’ is strictly defined by regulations as a product derived from the dairy sector, specifically from animals. This ruling reinforces the protections surrounding traditional dairy terms and restricts how plant-based competitors can position their brands in the market.
A Long Legal Battle
The conflict began when Oatly filed a trademark application for the phrase ‘Post Milk Generation’ with the UK’s Intellectual Property Office (IPO) in 2019. The trademark was registered in 2021 but immediately drew the ire of Dairy UK, which argued that using the word ‘milk’ was deceptive and violated strict labelling regulations.
In 2023, the IPO initially sided with the dairy industry, ruling the trademark was deceptive. However, Oatly successfully appealed in December 2023. The Court of Appeal then overturned the decision, prompting Oatly to take the matter to the highest court.
Laurie Bray, a senior associate and trademark attorney at Withers & Rogers, noted the significance of the final verdict. ‘It has taken the highest court in the land to decide once and for all whether a plant-based milk alternative can be branded as “milk” and marketed as such,’ Bray said. ‘And the outcome is not what Oatly was hoping for.’
Industry Reactions and Future Implications
The ruling has been welcomed by traditional dairy producers who argue plant-based beverages should not benefit from the terminology associated with animal produce. Judith Bryans, CEO of Dairy UK, said the decision provides much-needed clarity for the sector.
‘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,’ Bryans said. She added it ensures ‘long-established dairy terms continue to carry clear meaning for consumers, while allowing appropriate descriptors to be used where the law permits.’
Legal experts suggest this judgment will have wider ramifications for the plant-based food industry. The regulations protecting ‘milk’ also apply to terms like ‘cream’, ‘butter’, ‘cheese’, and ‘yoghurt’. Richard May, a partner at Osborne Clarke, warned that businesses should expect closer scrutiny regarding ‘category borrowing.’
‘For plant-based producers, the safer course is to use clearly descriptive alternatives such as “oat drink” or “plant-based drink”,’ May advised. He noted UK regulators are likely to take a robust approach to enforcing these definitions moving forward.
Oatly Remains Defiant
Despite the defeat, Oatly has maintained a defiant stance. The company criticized the ruling as anti-competitive and argued it does not serve the interests of the British public. Bryan Carroll, general manager for Oatly UK & Ireland, described the outcome as a move that ‘solely benefits Big Dairy.’
‘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,’ Carroll said. He insisted the decision creates unnecessary confusion for consumers and results in an uneven playing field. Carroll also stated that the company intends to ‘find a way’ to get their merchandise to their community despite the legal restrictions.
Internet Users Mock the Ruling
As news of the ban spread, social media users quickly offered their own take, with many on Reddit mocking the strict enforcement of the word ‘milk’. The online community suggested humorous and sarcastic alternative names for Oatly’s products.
One user questioned the consistency of the ruling, asking, ‘I wonder if they’ll target coconut milk next.’ Others proposed unappealing rebranding ideas: ‘Oat juice? Almond fluid? Soy extract?’
Some turned to pop culture for inspiration, with one suggesting the company adopt ‘Malk’, a reference to a fictional milk substitute rich in ‘Vitamin R’ from The Simpsons.
Another user proposed ‘milk inspired drink’, while a replier joked they should use the brand name ‘I can’t believe it’s not milk.’ Commenting on international handling, one noted, ‘m*lk in Canada. At least that’s what the others are doing. Although it looks like Oatly just says “oat drink” in Canada.’
German users pointed out that ‘Molk’ is used in Germany, while another suggested ‘M!lk’ could work with some clever text design. Overall, the online sentiment seemed indifferent to the legal semantics, with one summarizing: ‘What a waste of lawyer money. Nobody else cares and we’re still going to call it oat milk.’
Originally published on IBTimes UK
