Key Points:
UK Supreme Court rules plant based drinks cannot legally use the word “milk” in Oatly trademark case.
Dairy terms reserved only for animal derived products under UK and EU food labeling law.
Oatly loses “Post Milk Generation” trademark after years long legal battle with Dairy UK.
Verdict may affect oat, soy, almond and other alternative dairy product marketing.
Court says ruling protects consumers from confusion, not a ban on plant based drinks.
London: On February 11 The UK Supreme Court has ruled that oat based drinks cannot be marketed using the word “milk”, handing a decisive legal victory to the dairy industry and forcing plant based brands to rethink how they label and promote their products.
The unanimous decision ends a years long legal dispute between Swedish oat drink company Oatly and trade body Dairy UK over the trademark slogan “Post Milk Generation.”
The Supreme Court ruled that the trademark was invalid because legally protected dairy terms can only describe products derived from animals.
Judges said the slogan did not clearly describe a product characteristic and instead referred to a group of consumers concerned about milk consumption.
Under UK and EU regulations, words such as milk, butter, cheese and yoghurt are reserved for genuine dairy products.
Legal experts say the ruling finally clarifies how plant based foods may be branded and marketed.
2019: Oatly applied to trademark “Post Milk Generation.”
2021: UK Intellectual Property Office registered the trademark.
2023: IPO ruled it deceptive but Oatly successfully appealed.
2024: Court of Appeal overturned that decision.
December 2025: Oatly escalated the case to the Supreme Court.
February 11, 2026: Supreme Court unanimously rejected the trademark.
Judith Bryans, chief executive of Dairy UK, called the judgment important because it preserves the meaning of traditional dairy terms for consumers.
Oatly responded sharply. Bryan Carroll, general manager for Oatly UK and Ireland, said the ruling creates an uneven playing field that benefits Big Dairy.
The company argues the decision is anti competitive and not in the public interest.
The judges also stressed the case was not about banning plant based drinks but about protecting legally defined food terms. They said the phrase “Post Milk Generation” described a group of consumers rather than a product characteristic and could risk confusing shoppers about what they were buying.
Dairy UK framed the decision as a consumer transparency safeguard preserving established food definitions, while Oatly argued the ruling favours traditional agriculture and limits how newer sustainable foods communicate their purpose.
Analysts noted the precedent could extend beyond oat drinks to almond, soy, coconut and plant based yoghurt or cream alternatives, potentially reshaping marketing across the wider alternative dairy sector.
(Rh/ARC)
