‘Post Milk Generation’ no more: Oatly loses right to call its drinks ‘milk’ in landmark UK ruling

Vegan milk alternative Oatly can no longer call its products milk, British judges have decided.

The Court of Appeal in London ruled this week that the word milk can only be applied to animal-based products - ones derived from “normal mammary secretion,” according to the judgment.

The verdict is a major setback for the Swedish maker of plant-based consumer products.

Oatly had been in a long-running lexical dispute with trade body Dairy UK, who argued that the slogan, ‘Post Milk Generation’, was misleading to consumers.

While the legal battle has been settled, the row appears to be far from over.

What just happened? Oatly’s ‘milk’ dilemma in a nutshell

In 2019, Oatly applied to trademark the slogan ‘Post Milk Generation’. Last year, the UK’s Intellectual Property Office (IPO) denied the company’s application, claiming it was “deceptive” - an argument advanced by Dairy UK.

EU regulations from 2013 also restrict the use of the word ‘milk’ in the marketing and packaging of dairy-free products.

When its trademark application was denied, Oatly appealed, claiming the ruling was wrong because consumers would not be confused by its use of ‘milk’ in branding and packaging.

But now the final decision has been delivered by UK courts: Oatly can no longer use the word ‘milk’.

Plant-based beverage consumption on the rise in the UK

This ruling is in contrast to consumer trends favouring dairy-free and plant-based products.

Nearly 25 per cent of Britons used plant-based milk alternatives in 2019, the research firm Mintel reported. 

This year, 56 per cent of UK consumers said they were willing to drink less dairy, according to London-based environmental charity Hubbub.

“Apparently, [the judges] think people might confuse oats with cows. Or imagine cow-shaped oats? Who knows,” Alex Robinson, CEO of Hubbub, wrote on LinkedIn.

Meanwhile, more than 1 million Britons went vegan between 2023 and 2024, reported data firm Finder.  

The number of vegans in the EU is also forecast to rise - to about 8.25 million by 2033, Statista research reveals. This underscores the steady growth of plant-based diets across the continent.

Animal, vegetable, muddle: The legal battle over wording heats up

This isn’t the first time the dairy or meat industry has pushed back against novel food products.

Both Italy and Hungary preemptively banned the production, consumption, and marketing of lab-grown, or ‘fake’, meat - despite no such products being authorised for sale in the EU.

France banned the use of ‘meat-related’ marketing terms for products made from plant-based proteins in 2021. 

In October this year, however, the EU’s Court of Justice struck down that law.

In a case led by French lobby group Protéines France, Europe’s top court ruled that vegan products have the same rights to words such as sausage or burger as their animal-based counterparts.

Now that Oatly must rethink how it markets its popular plant-based drink, the ruling underscores the challenges similar brands face in gaining industry acceptance. 

Still, advocates like Robinson see it as a speedbump on the road to social change.

“This ruling feels regressive but the direction of travel is clear: more people are choosing plant-friendly options,” he wrote. “The law will catch up eventually.”