The article is written by Assistant Attorney Christina Merete Nielsen
What do the rules say about naming?
EU Regulation 1308/2013 protects certain traditional agricultural designations such as “milk,” “cheese,” and “yoghurt,” and only permits the use of these terms for the corresponding animal-based products or under very narrow conditions where the term describes a characteristic of the product, for example that it is “milk-free.”
The purpose of the rules is to protect consumers from being misled while also safeguarding the market share of the traditional agricultural sector by ensuring strict rules governing the use of these designations. Courts often interpret the Regulation broadly, meaning that it also covers the use of these words in combinations and slogans if they do not clearly describe a characteristic of the product.
So what is the issue?
For many consumers, terms such as “oat milk,” “vegan cheese,” and “plant-based yoghurt” are intuitive descriptions of the product’s nature – in other words, common terms for products that functionally resemble milk, cheese, and yoghurt, only without animal ingredients. For producers of vegan products, such terms/names are therefore a valuable tool for communicating the product’s use and function quickly and clearly.
On the other hand, the agricultural sector – particularly the dairy and meat industries – has an interest in ensuring that traditional agricultural designations are not “appropriated” for substitute products.
New ruling in the United Kingdom: Oatly loses the right to “Post Milk Generation”
In February 2026, the UK Supreme Court delivered a landmark judgment in the case between the Swedish oat drink producer Oatly AB and the British dairy industry organization Dairy UK Ltd. The case concerned Oatly’s slogan “Post Milk Generation,” which the company had applied to register as a trademark for its products.
The Supreme Court held that the use of the word “milk” in the slogan in practice constituted use of a protected milk designation in violation of EU Regulation No. 1308/2013 (which continues to apply in UK law after Brexit). The Court found that although the slogan did not literally call the product “milk,” it referred to “milk” as a designation (a protected term), and that this type of reference did not clearly describe a characteristic of the product – for example that it was milk-free – and was therefore contrary to the rules.
As a result, Oatly may not use the slogan on its food and beverage products in the United Kingdom.
A market in development
The debate over language and naming in the food market is far from over. Plant-based products are growing in popularity globally, and we are likely to see consumers increasingly accustomed to terms such as “plant-based milk” and “meat alternatives.” At the same time, we expect the dairy and meat industries to continue protecting traditional designations – both through legislation and litigation.
If you are unsure whether your products comply with the naming rules, we are ready to assist you.
