(qlmbusinessnews.com . Thu 12th Feb, 2026) London, UK —
Oatly Loses 'Post-Milk Generation' Slogan Dispute: A Setback for Plant-Based Branding
In a definitive legal conclusion, Oatly, a Swedish entity known for its plant-based beverages, has been defeated in a prolonged dispute concerning its marketing terminology within the United Kingdom. The confrontation ignited over Oatly's attempt to trademark the term “post-milk generation” back in 2021, a move which was contested by Dairy UK, the voice for the British dairy sector.
The Supreme Court of the UK, on Wednesday, decreed that Oatly is barred from both trademarking and utilising the contentious slogan “post-milk generation”. This decision is the culmination of a series of judgments across several levels of the court system, fundamentally hinging on Dairy UK’s assertion that the lexicon “milk” should be reserved exclusively for animal-derived products, as per existing trademark legislations.
Central to the Supreme Court’s verdict was the concern that the slogan could mislead consumers regarding Oatly’s offerings – suggesting that the products might be devoid of milk or, alternately, contain minimal amounts of it, thereby muddling the clarity needed in product descriptions.
Expressing discontent with the ruling, Oatly’s UK and Ireland general manager, Bryan Carroll, critiqued the decision as an obstructive measure against competition, detrimental to the interests of British consumers. Carroll highlighted, “This decision creates unnecessary confusion and an uneven playing field for plant-based products that solely benefits Big Dairy.”
Despite the setback concerning food product branding, Oatly retains the liberty to merchandise t-shirts that bear the “post-milk generation” slogan, following the specific legal parameters that govern food products.
The legal journey saw Dairy UK appealing to the Intellectual Property Office (IPO) in November 2021, urging a rejection of Oatly’s trademark application — a request that the IPO initially dismissed. The narrative took a twist as the High Court initially sided with Oatly against the IPO’s conclusion, only for the Court of Appeal, in a later turn of events in December 2024, to reaffirm that “milk” is a term designated for animal-based products.
Responding to the Supreme Court's pronouncement, Dairy UK’s chief executive, Judith Bryans, expressed relief, underscoring the decision as a victory for consumer clarity and the safeguarding of traditional dairy terminology.
The dispute comes in the wake of the European Parliament's decision last annum, advocating for a ban on the usage of dairy and meat-centric terms for plant-based substitutes, a regulatory change pending ratification by the European Commission and member states. This has sparked a wider debate, positioning traditional agricultural practices against the burgeoning plant-based sector, amidst environmental and sustainability concerns.
Legal experts, such as Richard May from Osborne Clarke, interpret this ruling as a sign of the UK’s ongoing commitment to stringent regulations regarding dairy product nomenclature post-Brexit, closely shadowing the EU’s stance. May elucidated, “The key principle is straightforward: if a product is not derived from animal milk, it cannot be marketed using reserved dairy designations such as ‘milk’ or ‘cheese’.”
The outcome signals a likely shift in strategy for companies like Oatly, which may now pivot towards more “factual” descriptors, steering clear of traditional dairy-related terminology in their branding endeavours.
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