Oatlythe milk alternative beverage brand, will no longer be able to use the “Post Milk Generation” slogan in the United Kingdom, as the country’s Court of Appeal has ruled. The phrase, used by the brand to refer to the segment of users who do not consume milk of animal origin, can no longer be used on the labeling of its products.
The sentence adds another chapter to a case that has been going on for five years. In 2019, Otaly registered the slogan with the United Kingdom Intellectual Property Office to use it both on the packaging of its products and on other supports, such as t-shirts.
The dairy association appealed, saying the use of “milk” was misleading.
However, Dairy UKthe British Dairy Trade Association, lodged an appeal arguing that the use of the word “milk” was misleading and violated the rules of the European Court of 2013 prohibiting the use of terms related to dairy products in the marketing of non-dairy products.
The Intellectual Property Office granted the trademark for use only on T-shirts, and not on food and drink products, but Oatly successfully appealed the decision and in December 2023, the British High Court of Justice ruled that the trademark could be restored on all Oatly products. It was established that the word “milk” was not being applied to describe the product itself and therefore would not be likely to confuse consumers.
But a year after that, the Court of Appeal has ruled in favor of Dairy UK, deciding that the trademark violates European Union and United Kingdom regulations. Specifically, reference is made to the United Kingdom Trade Marks Act 1994 and article 78(2) of the European Union Regulation No. 1308/2013, which stipulates that terms such as “milk” are protected for use exclusively in reference to dairy products.
As reported by the specialized media FoodBev MediaFrom the brand they are disappointed with the ruling. “Making labeling more difficult and finding alternatives to dairy benefits the interests of big dairy companies and only big dairy companies.“commented Bryan Carroll, Managing Director of Oatly UK and Ireland. He also explained that the company is considering its options, which would include appealing the decision to the Supreme Court.
“Cynical attempts by big dairy companies to stifle competition through legal action contradict the interests of the British consumer, create an uneven playing field for plant-based products and, worst of all, slow progress in the public’s transition to more sustainable diets”, Carroll noted.
On the other hand, Dairy UK celebrates the decision, ensuring that it reinforces the fact that the term “milk” is reserved for dairy products of animal origin and not for those of plant origin, except in specific circumstances.
The case of Oatly and the “Post Milk Generation” slogan is another example of the fight for food alternatives of animal origin due to the lexicon. One that has been seen in areas such as vegetable meat or yogurts. Vegan and vegetarian brands, entities and associations point out that the consumer is not confused when applying the terms traditionally associated with animal origin to plant origin.
Furthermore, they consider that these legal battles prevent the development of solutions beneficial for both health and the environment. The truth is that the consumption of plant alternatives has grown due to concerns about health and the search by consumers for a lower impact on the environment of their activity and consumption.
