Lawyers say the Supreme Court’s ruling against plant-based drinks giant Oatly will be a major boost for British dairy farmers, reinforcing strict legal protections for the use of the word “milk”.
In a unanimous decision in Oatly v. British Dairy Products, the court upheld the invalidity of Oatly’s “Post Milk Generation” trademark for its food and beverage products.
Legal experts say the decision strengthens a long-standing rule that dairy terminology is limited to products of mammalian origin.
Amy Peasy, a partner in the commercial team at national law firm Clark Willmott, described the judgment as a “defining moment in food labeling law in the UK”.
He said the results would “strengthen the position of UK dairy producers by reinforcing strict legal definitions” and provide greater confidence to farmers concerned about how alternative products are marketed.
The controversy centered on Oatly’s use of the slogan when promoting oat-based beverages. The trademark was granted in 2021, but Dairy UK challenged its validity, arguing that both current EU and UK law severely restrict the use of terms such as “milk” and “dairy products”.
Following a series of appeals, including decisions by the UK Intellectual Property Office, the High Court and the Court of Appeal, the Supreme Court has now accepted Dairy UK’s position.
Mr. P.C. said the ruling is expected to have “far-reaching implications for manufacturers, marketers and consumers.”
For plant-based producers, this shows “the regulatory environment is less tolerant of language innovation” and means branding and packaging will need more attention, she added.
“As the sector continues to expand, adhering to terminology conventions will become central to product development and brand strategy,” she said.
The plant-based beverage market has grown rapidly in recent years, intensifying debate over how closely alternative products align with traditional dairy language.
Legal experts say the Supreme Court’s decision provides clearer boundaries, strengthens protection for established dairy terms and gives UK dairy farmers reassurance that existing definitions will be upheld.
The judgment is likely to impact how alternative protein brands are positioned in the UK market, while underscoring the court’s willingness to uphold statutory food labeling protections.
