Oatly ‘milk’ ban in UK sparks fears for Australian plant-based food and drinks

Dr Courtney Stewart was featured in news.com.au providing expert commentary on the UK Supreme Court ruling that banned Oatly from using the term “milk” in its trademark “Post Milk Generation.”

The article examined the legal distinction in the UK and EU, where “milk” is a term reserved exclusively for dairy products under longstanding regulatory definitions. Courtney explained that non-dairy products cannot use the term unless clearly qualifying a characteristic (for example, “milk-free”), and outlined how this differs from the current Australian regulatory landscape.

Addressing concerns that a similar ban could occur locally, Courtney provided regulatory insight into Australia’s evolving approach to plant-based labelling. She noted that while the Federal Government has announced strengthened labelling guidance and an industry code of practice for plant-based products – including clearer plant-based qualifiers and reduced use of animal imagery – an outright ban on the term “milk” in Australia appears unlikely in the near term.

Importantly, she referenced research indicating that Australian consumers are generally not confused by plant-based dairy terminology itself, with greater potential for confusion linked to imagery and presentation rather than the word “milk.”

This feature highlights Courtney’s expertise in food labelling law, regulatory frameworks and the intersection between consumer perception, policy and industry practice – providing clear, evidence-based analysis on a rapidly evolving issue.

Read the full article here

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