A UK Supreme Court ruling banning Oatly from using the word “milk” in its trademarked slogan has reignited global debate over how plant-based products are labeled, and raised fresh questions about whether Australia could soon tighten its own rules on dairy-alternative marketing.

According to the News.com. au website, the UK Supreme Court has banned Oatly, a Swedish-based drink manufacturer, from using the term “milk” in its “Post Milk Generation” trademark. Under UK and EU law, the word “milk” is restricted to dairy products.

“Non-dairy products cannot use the word unless it is clearly describing a specific characteristic or feature of the product (for example, ‘milk-free’),” said Courtney Stewart, according to News.com. au website.


The Swedish company has been locked in a trademark dispute with Dairy UK since 2021, and this month, it ultimately failed in its attempt to retain the phrase in its marketing.

On February 11, the UK Supreme Court ruled Oatly could no longer use “milk,” citing potential consumer confusion, a decision welcomed by Dairy UK but criticized by Oatly as one that could “stifle competition.”

Similar actions in Australia?

The UK decision has prompted questions about whether Australia could face similar restrictions. On January 30, the federal government announced plans to tighten labelling standards for plant-based foods and to work with the Alternative Proteins Council to create an industry code of practice.

The proposed framework would discourage the use of animal imagery, restrict meat-specific terms and require clearer plant-based qualifiers.

Agriculture, Fisheries and Forestry Minister Julie Collins said the changes are designed to ensure consumers can easily distinguish between traditional and alternative protein products, strengthening existing voluntary labelling guidelines.