The UK Supreme Court has ruled to reinforce strict protections around the use of dairy terms in the UK and dismissing Oatly’s position in a dispute over its “Post Milk Generation” trademark.

The legal outcome of Oatly v Dairy UK case, revealed yesterday (11 February), is understood to confirm, even post-Brexit, the UK will continue to take a strict approach to reserved dairy designations, closely aligned with the EU regime.

It follows the plant-based brand originally winning its High Court battle against the UK dairy industry in 2023, allowing it to continue using the word ‘milk’ on its packaging.

At the time, the important legal milestone for the plant-based industry was made following a four-year battle over the use of the slogan ‘Post Milk Generation’ on the Swedish vegan milk brand‘s products, before it was appealed by Dairy UK.

However, commenting on the Supreme Court’s decision Dr Judith Bryans CEO of Dairy UK said: “We are delighted that the Supreme Court upheld the earlier decision of the Court of Appeal, confirming that Oatly’s trade mark “Post Milk Generation” contravened the rules protecting reserved dairy terms.

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“This ruling is an important decision for the sector as it finally provides clarity on how dairy terms can – and cannot – be used in branding and marketing. It brings greater certainty for businesses and helps ensure that long-established dairy terms continue to carry clear meaning for consumers, while allowing appropriate descriptors to be used where the law permits.”

Responding to today’s ruling, Oatly UK general manager Bryan Carroll said the company was “deeply disappointed” by the outcome, particularly the prohibition on trademarking the slogan “Post Milk Generation” for use on its products in the UK.

“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,” he said. “This decision creates unnecessary confusion and an uneven playing field for plant-based products that solely benefits Big Dairy.”

Carroll said Oatly remains committed to advocating for change in the food system and would look for alternative ways to bring its “Post Milk Generation” merchandise to its community.