A Swedish plant-based beverage manufacturer has been defeated in a protracted legal dispute concerning the use of dairy terminology in its promotional materials.
The company attempted to secure trademark protection for the marketing phrase ‘post-milk generation’ in Britain during 2021, but faced opposition from the organization representing British dairy producers.
After proceedings through multiple judicial levels, Britain’s highest court determined on Wednesday that the oat beverage company cannot obtain trademark rights for or utilize the contested slogan.
The extended legal conflict revolved around the dairy industry’s position that trademark regulations restrict the term ‘milk’ exclusively to products of animal origin.
Supreme Court Decision
The nation’s top judicial authority concluded that the disputed phrase could mislead consumers about whether the plant-based products contain no dairy ingredients whatsoever or simply reduced amounts of dairy content.
The company’s British and Irish operations director criticized the verdict as an attempt to suppress market competition that does not serve consumer interests.
He argued that the ruling generates unnecessary market confusion and establishes unfair advantages for traditional dairy producers over plant-based alternatives.
Legal Proceedings Timeline
The regulatory restrictions apply solely to food items, allowing the company to continue selling apparel featuring the controversial slogan that was produced before the legal battle commenced.
The dairy industry organization initially challenged the trademark application through the Intellectual Property Office in late 2021, which subsequently denied the company’s request.
When the company appealed to the High Court, judges initially ruled that the intellectual property office had incorrectly assessed potential consumer confusion. However, the Court of Appeal reversed this decision in December 2024, affirming that dairy terminology should remain exclusive to animal-derived products.
Industry Response
The dairy industry representative expressed satisfaction with the outcome, stating it preserves the clear meaning of established dairy terminology for consumers.
Legal experts noted that the decision maintains Britain’s strict interpretation of protected dairy language, aligning with European Union standards despite Brexit.
Broader European Context
Similar restrictions have gained momentum across Europe, where parliament members voted to prohibit terms like ‘oat milk’ and ‘veggie burger’ last year, though implementation requires approval from the European Commission and all member nations.
Agricultural representatives argue such terminology deceives consumers and undermines traditional farming sectors, while environmental advocates contend the restrictions impede sustainability initiatives and represent industry overreach.
Legal professionals predict that plant-based companies will now restrict dairy-related terminology to factual product information rather than branding and marketing strategies.
Photo by Leon Seibert on Unsplash
