UK court rules that oat milk can no longer be called “milk”
The plant-based drink maker Oatly has officially lost a legal battle over the use of the word “milk” in its marketing, meaning that the oat milk product must now be referred to without the word “milk” attached.
The Swedish company has been at odds with Dairy UK, the representative body for British dairy farmers, since 2021, when they tried to trademark the slogan “post-milk generation”.
As of February 11th, the UK Supreme Court has said that Oatly cannot use the phrase, under trademark law; this means that the term “milk” can only be applied to products that come from an animal.
The Supreme Court has agreed with Dairy UK and ruled ultimately that “post-milk generation” could read obscurely, confusing customers as to whether Oatly’s products contain real milk or not.
However, Oatly is allowed to sell T-shirts with the slogan in question printed on them; they were made before the legal battle.
Judith Bryans, chief executive of Dairy UK, said that the organisation was “delighted”, as the decision “helps ensure that long-established dairy terms continue to carry clear meaning for consumers.”
On the other side of the battle, Oatly’s general manager, Bryan Carroll, stated that the case was “a way to stifle competition and is not in the interests of the British public.”
As such, Carroll fumed, “This decision creates unnecessary confusion and an uneven playing field for plant-based products that solely benefits Big Dairy.”
As per the BBC, Richard May from law firm Osborne Clarke explained what this ruling means on a larger political scale: “It confirms that, even post-Brexit, the UK will continue to take a strict approach to the use of protected dairy terms, closely aligned with the EU regime.”
He continued, “The key principle is straightforward: if a product is not derived from animal milk, it cannot be marketed using reserved dairy designations such as ‘milk’ or ‘cheese’.” Flat white with oat liquid, anyone?