UK Court Bans “Milk” Label for Plant-Based Drinks

The UK Supreme Court has ruled that Oatly may not use or trademark the word “milk” to market its plant-based products in the UK, bringing an end to a years-long legal dispute and setting an important precedent for the food industry.

In a unanimous decision, the court sided with Dairy UK, confirming that legally protected dairy terms such as “milk” can only be used for products derived from animals. The ruling prevents Oatly from using slogans that include the term, most notably “Post Milk Generation.”

Judges found that even when used in a creative or branding context, the word “milk” could mislead consumers and therefore breaches UK and retained EU regulations governing protected food names.

Oatly first applied to trademark “Post Milk Generation” in 2019, with the mark officially registered in 2021. However, following an objection from Dairy UK, the UK Intellectual Property Office ruled in 2023 that the trademark was deceptive. Although Oatly briefly won an appeal later that year, the decision was overturned by the Court of Appeal and ultimately upheld by the Supreme Court.

Dairy UK welcomed the ruling, saying it protects long-established product definitions and ensures clarity for consumers. Oatly, meanwhile, criticised the judgment as anti-competitive, arguing that it unfairly benefits traditional dairy producers and restricts innovation in the plant-based sector.

The decision has wider implications for producers of plant-based alternatives, as similar protections apply to terms such as cream, butter, cheese and yoghurt. Legal experts say companies are likely to rely more heavily on neutral descriptors such as “oat drink” or “plant-based drink” when marketing their products.

Oatly’s trademarks in other European countries could now face similar challenges, raising the possibility of broader regulatory scrutiny across the region.