In a recent report by the ABC, a UK court ruled that oat-based beverages cannot be marketed as “milk” following a prolonged trademark dispute. The decision reinforced that the term “milk” may only be used for products derived from animals, requiring the company involved to rethink their company strategies. The ruling clarified that trademarking a product name containing “milk” does not override established food definitions or accurately reflect the nature of the product.
As the plant-based category continues to grow, the Australian dairy industry is calling for stronger adherence to the Food Standards Code and, potentially, further amendments to tighten naming and labelling provisions. The industry argues that clearer definitions would support agricultural integrity and ensure transparency for consumers.
While proponents of plant-based beverages maintain that consumers understand the difference between dairy and non-dairy alternatives, others believe confusion persists, particularly in relation to nutrition and product origin. This has prompted ongoing discussion about whether restrictions should extend beyond “milk” to other dairy-derived terms such as cream, butter, cheese and yoghurt.
Consideration is also being given to the use of animal imagery, traditional dairy terminology and associated claims on plant-based packaging. Ultimately, the discussion should reflect a broader push for a level playing field across both plant-based and animal agricultural sectors, with consumer clarity and informed choice remaining central to the outcome. With debate intensifying month by month, regulatory and legal frameworks may soon evolve.
As regulations on alternative animal labelling spark movement, a proactive label review is becoming essential rather than optional. Businesses operating in both dairy and plant-based categories should ensure their product names, claims, imagery and composition align with current requirements and are future-proofed against potential code amendments.
Our food regulatory labelling services provide comprehensive compliance reviews, risk assessments and strategic guidance to help brands navigate evolving standards with confidence, protect market access and maintain consumer trust.
