Dewdney William Drew comments in Business Green on a recent UK Supreme Court ruling that has effectively prohibited Oatly from using the word 'milk' in its marketing

A recent UK Supreme Court ruling has effectively prohibited Oatly from using the word 'milk' in its UK marketing. Could this represent a 'moment of maturation' for the plant-based foods sector?

The ruling, handed down in February, concludes a long-running dispute over how Oatly can promote its oat‑based drinks, and it is expected to influence how other plant‑based brands manage their marketing and intellectual property.

The trademark dispute began in 2021, when Oatly attempted to trademark a number of milk-related terms, including registering the phrase 'Post Milk Generation'. This prompted a challenge from trade association Dairy UK, who argued that 'milk' could not be used to market a brand which did not produce a legally designated dairy product. 

The Intellectual Property Office initially sided with Dairy UK, only for the decision to be later overturned by the High Court. Dairy UK then won in the Court of Appeal, prompting a further appeal from Oatly that resulted in the case being sent to the Supreme Court. Ultimately, the ruling has confirmed that if it's not from an animal, you can't call it milk, and reaffirmed that terms like 'cream', 'butter', 'cheese', and 'yogurt' and exclusively reserved for the marketing of ‘milk products' only.

This judgment raises important considerations for plant‑based brands as they refine their packaging and promotional strategies. While the litigation has been lengthy, the Supreme Court’s decision now offers a clear, authoritative interpretation of the existing legal framework. In time, this may help reduce confusion around the marketing of vegan and vegetarian products as businesses adjust to the clarified standards.

Dewdney William Drew, Head of Brand Protection in our Intellectual Property team, comments in Business Green:

It does not create new law, but it does crystallise how the existing framework will be applied. In that sense, it is likely to be treated as a settled marker rather than an outlier. Brand owners operating in this space will now need to review both their labelling practices and their underlying trademark portfolios.

"Trade associations, in particular, may view it as a useful lever in competitive disputes with plant-based producers. Where commercial stakes are high and margins are tight, regulatory compliance arguments can quickly become proxy battles for market share.

Read the full article in Business Green here (subscription required).