Plant-based brand Oatly has won a High Court battle against the UK dairy industry, allowing it to continue using the word ‘milk’ on its packaging.
The important legal milestone for the plant-based industry was made following a 4-year battle over the use of the slogan ‘Post Milk Generation’ on the Swedish vegan milk brand‘s products.
Dairy UK – the British dairy industry’s trade association representing dairy giants such as Arla and Lakeland Foods – argued that Oatly should not use the term ‘milk’ in a trademark “in relation to products that are not mammary secretions”.
It referenced a pre-Brexit European Court regulation from 2013 that controlled the use of the word ‘milk’ on the packaging and marketing of a product.
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High court judge Mr Justice Richard Smith rejected this argument, ruling that Oatly can continue to use the slogan on its products, stating that consumer deception would be unlikely.
He added that the “average customer” would recognise that Oatly’s trademark was clearly for consumers who no longer consume dairy milk, and hence “claims, suggests or implies that products marketed in conjunction with it are dairy products”.
Oatly UK & Ireland general manager, Bryan Carroll, said: “We’re pleased the appeal to the Intellectual Property Office was approved, and that the ‘Post Milk Generation’ is alive and well.
“Our mission is to make it easier for people to live healthier lives without recklessly taxing the planet’s resources and we will continue to challenge rulings and legislation such as this to seek a more level playing field for plant-based products.”
Earlier this year, Oatly challenged the dairy industry by urging brands to commit to carbon labelling.
