Danone’s subsidiary, the Alpro brand, has lost a court case in Switzerland concerning the use of the word ‘milk’ in the marketing of plant-based drinks. According to Dairy Reporter, the ruling tightens restrictions on the use of ‘milk’ terms in the plant-based sector.

Ban on the use of ‘milk’

The food labelling regulator in Zurich has ruled that plant-based products may not use the word ‘milk’, even in an indirect form.

This refers to the Alpro oat drink, which was promoted on its packaging with the slogan:
“SHHH…THIS IS NOT M*LK”, where the letter ‘i’ was replaced by a drop symbol.

Although the product was labelled as an ‘oat drink’ on the back of the packaging, the court ruled that even the stylised spelling of the word ‘milk’ breached the regulations.

Court rulings against Danone

The dispute has been ongoing since 2022, when the regulator first ruled that the labelling was unlawful.

In 2024, the Zurich court dismissed the company’s appeal, and the Swiss Federal Supreme Court subsequently upheld that decision.

The court emphasised that:

  • even the phrase ‘this isn’t milk’ contains a prohibited term;
  • The stylised spelling does not alter the meaning — the word ‘milk’ is still used.

Danone has stated that it accepts the decision and is considering options for changes to its marketing strategy.

The end of the ‘creative workaround’

The decision could set a precedent for the entire plant-based food market.

The courts have effectively confirmed that brands cannot circumvent the ban by:

  • packaging design;
  • word stylization;
  • indirect expressions.

Pressure on brands producing plant-based products

Similar cases are already occurring in other countries.

In particular, the Oatly brand recently lost a court case in the UK over the use of the slogan ‘Post Milk Generation’, following a lawsuit brought by the industry body Dairy UK.

Following this, the company even launched a tongue-in-cheek campaign featuring ‘banned’ merchandise bearing this slogan.

Tighter regulation in the EU

Across Europe, regulations on the labelling of alternative products are becoming stricter. These restrictions apply not only to dairy products but also to meat products, which could significantly limit the marketing opportunities for producers of plant-based alternatives.

Source: Dairy Reporter