In a legal case that has reignited debate in the UK over how plant-based alternatives are labeled, the UK Court of Appeal has ruled against plant-based milk producer Oatly’s attempt to trademark the phrase ‘Post Milk Generation’.
In 2019, Oatly applied to the UK’s Intellectual Property Office to trademark the slogan, which reflects the growing popularity of plant-based diets and the declining dominance of traditional dairy. Last year, Oatly’s application was denied on the ground that it was “deceptive”, an argument that was also advanced by Dairy UK. And this week, the courts again sided with the dairy industry, with the Court of Appeal citing outdated EU regulations that define milk exclusively as a “mammary secretion”. The court’s decision is particularly odd – and clearly reflects a bias towards the dairy industry – given that Oatly’s proposed marketing line makes it very clear that their product is not milk.
Jasmijn de Boo, ProVeg’s Global CEO, strongly criticized the decision. “This ruling is based on the retained EU Regulation 1308/2013, which could have been reviewed or withdrawn after Brexit. Instead, the UK has chosen to cling to outdated rules, ignoring the fact that consumers understand what plant-based milks are and want them clearly labeled.”
De Boo continued: “Consumers are not confused about plant-based milks. Supermarkets don’t see customers returning oat milk, saying they were misled. This ruling protects an industry that has long relied on public subsidies while contributing significantly to climate change.”
Why plant-based milks matter
This strangely illogical legal decision comes at a time when non-dairy milks are both challenging the historical dominance of dairy and are helping to mitigate the impact of climate change. But, while the court’s decision places unfair restraints on the marketing of plant-based milks, the sector shows no sign of slowing down.
Environmental research, including a landmark study in the respected journal Science, shows that plant-based milks have a carbon footprint that is 63% to 78% smaller than cow’s milk. They also require far less land and water to produce,1 and have healthier fat profiles, naturally lower sugar content, and are usually fortified with calcium at a level that matches or exceeds that of cow’s milk (as ProVeg’s recent nutritional analysis of plant-based milks, Building Bridges Between Habit and Health showed).
The Plant Milk Report: moving towards a healthy and sustainable diet
ProVeg’s first report on plant milk shines a light on the top-selling product in the entire plant-based alternatives market.
An outdated decision
The court ruling ignores the significant role that plant-based milks have to play in creating a more sustainable food system. As de Boo says, “They’re better for the environment, better for health, and better for consumers who are lactose-intolerant or looking to reduce cholesterol”. De Boo adds, “The UK has a chance to lead by moving away from these restrictive EU-era rules and embracing a more inclusive and forward-thinking regulatory framework. Why protect an industry contributing to climate change when we could be supporting solutions?”
Simon Middleton
Senior Writer
