This week, the UK Supreme Court ruled against plant-based drinks company Oatly in a landmark labelling and trademark case The Court dismissed Oatly’s appeal and ruled the company cannot use or trademark the phrase “Post Milk Generation” on oat-based food and drink products as the slogan unlawfully uses the protected term “milk.”
Under UK law (retained from EU agricultural marketing rules), terms like “milk,” “cheese,” and “butter” are protected for animal-derived products only. Oatly argued the phrase merely described a milk-free generation, but the Court said this was not a clear descriptive exception under the rules.
The outcome of this is first Oatly cannot use the trademark on plant-based food/drink in the UK. but more broadly, the ruling reinforces that plant-based producers must avoid dairy terms in branding and marketing, using alternatives like “oat drink.”
Oatly has responded in a statement:
“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.
“Despite today’s ruling, we remain committed to driving positive change and advocating for a food system that helps people eat better without recklessly taxing the planet’s resources. And rest assured, we’ll be finding a way to get our ‘Post Milk Generation’ merchandise into the hands of our brilliant community.”
At the Alliance we do not believe the judgement is in the best interests of consumers who are more than capable of understanding the difference between dairy and plant-based products. And importantly they should have the right to a range of choices. This judgement sets a worrying precedence for the plant-based sector as a whole and contradicts with Government’s agenda around the Food Strategy, Net Zero and growth. We will continue to advocate for the plant-based sector and the right for consumer choice.