Oatly wins High Court battle to use word ‘milk’ on 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.

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”.

Earlier this year, Oatly challenged the dairy industry by urging brands to commit to carbon labelling.

Grocery Gazette