The consumption of vegetable drinks has grown a lot in recent years but milk producers have not taken it well, so much so that the question of what can be labeled as “milk” has arisen several times and in various countries.
The latest historic ruling comes from United KingdomWhere Oatlya leading plant-based beverage company, has lost the right to use the term “milk” for its products.
The London Court of Appeal has ruled that the word milk can only be used to refer to products derived from breast secretion of animal origin. A ruling that marks a defeat for Oatly, already involved in a legal dispute with the Dairy UK association since 2019. The latter claimed that the Swedish company’s slogan, “Post Milk Generation“, was misleading for consumers, improperly associating plant-based drinks with dairy products.
Already in 2023, the United Kingdom’s Intellectual Property Office rejected Oatly’s trademark application, judging it to be misleading. However, the company had appealed, arguing that consumers were perfectly able to distinguish between animal milk and plant-based alternatives. This week’s ruling, however, upheld the IPO’s position, forcing Oatly to waive the deadline.
While the verdict represents a defeat for Oatly (and other similar companies), advocates of plant-based alternatives see this setback as temporary. Alex Robinson, CEO of the environmental organization Hubbub, quipped:
Apparently, (the judges) think people might confuse oats with cows. But social change is now unstoppable.
And in Europe?
This is certainly not the first time that the term “milk” has become the subject of legal dispute. European legislation from 2013 already limits the use of this word to products of animal origin, with rare exceptions for traditional names such as “almond milk” or “coconut milk”. Over the years, the application of these rules has led to clashes between the dairy industry and companies producing plant-based alternatives, but the basic situation has not changed.
The United States, however, thinks differently. The Food and Drug Administration (FDA) has decided to allow plant-based drinks to use the term “milk” on the label, as long as the plant source is specified, as in the case of “soy milk” or “almond milk”.
According to recently published guidance, consumers do not risk confusion between animal milk and plant-based alternatives, as they are aware of the differences between the two products. Additionally, the FDA suggests the voluntary use of additional labels to indicate any nutritional deficiencies compared to cow’s milk, such as lower levels of calcium or vitamin D.
Source: Euronews
