Judges in the United Kingdom (UK) have officially ruled that Oatly, a popular plant-based dairy alternative beverage, cannot use the word “milk” in its trademark ‘Post Milk Generation’ marketing, according to Yahoo Finance.
Earlier in November, the UK Court of Appeals ruled in favor of Dairy UK, stating that the use of the word “milk” was deceptive and should only be used for products of mammalian secretion, as specified in the EU Regulation No. 1308/2013 and the UK Trade Marks Act 1994.
The ruling marks the end of a long-standing legal battle that began in 2019, when Dairy UK, a trade body representing the UK dairy industry, challenged Oatly’s use of the term “milk” in its marketing. Dairy UK argued that Oatly’s use of the term was misleading to consumers and violated both UK and European Union regulations that protect dairy terminology.
In 2023, the case initially favored Oatly; however, the Court of Appeal’s November decision reversed this outcome, affirming the argument that terms like “milk” must be reserved for animal-derived products.
Judith Bryans, CEO of Dairy UK, praised the decision, stating, “This unanimous decision reinstates the Intellectual Property Office’s original ruling, which declared the trademark invalid for oat-based products. The ruling ensures the legal protection of dairy terms, which is vital for transparency and consumer trust.”
