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‘POST MILK GENERATION’ NO MORE: OATLY LOSES RIGHT TO CALL ITS DRINKS ‘MILK’ IN
LANDMARK UK RULING

Oatly loses battle over 'milk' rights - Copyright Leon Seibert
Copyright Leon Seibert
By Craig Saueurs
Published on 05/12/2024 - 17:05 GMT+1
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As dairy-free consumption grows across Europe, the battle over Oatly’s branding
intensifies.

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Vegan milk alternative Oatly can no longer call its products milk, British
judges have decided.

The Court of Appeal in London ruled this week that the word milk can only be
applied to animal-based products - ones derived from “normal mammary secretion,”
according to the judgment.



The verdict is a major setback for the Swedish maker of plant-based consumer
products.

Oatly had been in a long-running lexical dispute with trade body Dairy UK, who
argued that the slogan, ‘Post Milk Generation’, was misleading to consumers.

While the legal battle has been settled, the row appears to be far from over.


WHAT JUST HAPPENED? OATLY’S ‘MILK’ DILEMMA IN A NUTSHELL

In 2019, Oatly applied to trademark the slogan ‘Post Milk Generation’. Last
year, the UK’s Intellectual Property Office (IPO) denied the company’s
application, claiming it was “deceptive” - an argument advanced by Dairy UK.

EU regulations from 2013 also restrict the use of the word ‘milk’ in the
marketing and packaging of dairy-free products.


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When its trademark application was denied, Oatly appealed, claiming the ruling
was wrong because consumers would not be confused by its use of ‘milk’ in
branding and packaging.

But now the final decision has been delivered by UK courts: Oatly can no longer
use the word ‘milk’.


PLANT-BASED BEVERAGE CONSUMPTION ON THE RISE IN THE UK

This ruling is in contrast to consumer trends favouring dairy-free and
plant-based products.

Nearly 25 per cent of Britons used plant-based milk alternatives in 2019, the
research firm Mintel reported. 



This year, 56 per cent of UK consumers said they were willing to drink less
dairy, according to London-based environmental charity Hubbub.

“Apparently, [the judges] think people might confuse oats with cows. Or imagine
cow-shaped oats? Who knows,” Alex Robinson, CEO of Hubbub, wrote on LinkedIn.

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Meanwhile, more than 1 million Britons went vegan between 2023 and 2024,
reported data firm Finder.  

The number of vegans in the EU is also forecast to rise - to about 8.25 million
by 2033, Statista research reveals. This underscores the steady growth of
plant-based diets across the continent.

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ANIMAL, VEGETABLE, MUDDLE: THE LEGAL BATTLE OVER WORDING HEATS UP

This isn’t the first time the dairy or meat industry has pushed back against
novel food products.

Both Italy and Hungary preemptively banned the production, consumption, and
marketing of lab-grown, or ‘fake’, meat - despite no such products being
authorised for sale in the EU.

France banned the use of ‘meat-related’ marketing terms for products made from
plant-based proteins in 2021. 

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In October this year, however, the EU’s Court of Justice struck down that law.

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In a case led by French lobby group Protéines France, Europe’s top court ruled
that vegan products have the same rights to words such as sausage or burger as
their animal-based counterparts.

Now that Oatly must rethink how it markets its popular plant-based drink, the
ruling underscores the challenges similar brands face in gaining industry
acceptance. 

Still, advocates like Robinson see it as a speedbump on the road to social
change.

“This ruling feels regressive but the direction of travel is clear: more people
are choosing plant-friendly options,” he wrote. “The law will catch up
eventually.”

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BIG POLLUTERS ACCUSED OF HIDING BEHIND CLIMATE TREATIES AT LANDMARK ICJ HEARINGS

Vanuatu's special climate envoy Ralph Regenvanu prepares to speak as the
International Court of Justice in The Hague, Netherlands. - Copyright AP
Photo/Peter Dejong
Copyright AP Photo/Peter Dejong
By Rosie Frost
Published on 05/12/2024 - 16:31 GMT+1
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Vulnerable nations say historic polluters should be held legally responsible.
Countries in the Global North believe existing climate change treaties are good
enough.

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Clear divides are emerging in what may be the International Court of Justice’s
(ICJ) biggest-ever legal case.

Lawyers and representatives from more than 100 countries and organisations are
due to make submissions over two weeks of proceedings on states’ legal climate
change obligations.



As the hearings opened on Monday, Vanuatu - the Pacific Island state that
initiated the request for an advisory opinion from the ICJ - told the court that
the responsibility for the climate crisis lay with “a handful of readily
identifiable states”.

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Alongside other island states, it argues that there is a legal climate
responsibility beyond UN treaties or frameworks like the Paris Agreement. So
far, many of the world’s biggest polluters have disagreed, saying the current
system is more than enough to deliver what is needed.


DO HIGH-EMITTING COUNTRIES HAVE AN OBLIGATION TO HELP?

One of the first countries to address the hearings at The Hague in the
Netherlands on Monday was Australia. Solicitor-general Stephen Donaghue argued
that treaties like the Paris Agreement or United Nations Framework Convention on
Climate Change (UNFCCC) were the “primary sources of states’ obligations under
international law in respect of climate change”.

Australia’s lawyers called on judges to interpret international laws
“harmoniously” with these treaties. It also added that it was “resolutely
committed” to upholding the Paris Agreement but essentially said it does not
believe high-emitting countries have any further legal responsibility to prevent
climate catastrophe.

“Australia acknowledges the extent of the challenge posed by climate change. And
recognises that ambitious individual and collective action must be undertaken
urgently,” General Counsel for the Attorney General Jesse Clarke told the court
at the Hague.


Vanuatu's, rear, and South Africa's delegation, left, wait as the International
Court of Justice in The Hague, Netherlands, opens hearings.AP Photo/Peter Dejong

"In this regard, the UNFCCC and the Paris Agreement are the central instruments
that provide the framework for international cooperation and commitments to
tackle the grave challenge of climate change."

Representatives for the country said that the requirements of international laws
had already been considered when these treaties were being negotiated.

It was a somewhat unexpected position from a country that joined Vanuatu’s
petition calling for an advisory opinion from the ICJ. But it wasn’t clear until
the hearings started exactly which position Australia would choose to argue
from.


WORLD’S BIGGEST POLLUTERS WANT TO STICK TO THE STATUS QUO

The world’s two biggest polluters have also urged the ICJ to stick to the
current process in its advisory opinion.



US State Department legal adviser Margaret Taylor said the UN climate change
regime “embodies the clearest, most specific and the most current expression of
states’ consent to be bound by international law in respect of climate change.”

“Any other legal obligations relating to climate change mitigation identified by
the court should be interpreted consistently with the obligations states have
under this treaty regime,” Taylor added, calling for the judges to ensure that
its advisory opinion “preserves and promotes” the centrality of this regime.

The State Department legal advisor also dismissed any idea that the ICJ’s
advisory opinion should propose that historic emitters be held accountable for
past pollution.

China echoed the same sentiment as the US in its comments to the ICJ.

ADVERTISEMENT

On Tuesday, the country’s representative Ma Xinmin said China hopes “the court
will uphold the UN climate change negotiations mechanism as a primary channel
for global climate governance”.

China told the court that, while it understands the “enormous difficulties” the
small island state of Vanuatu faces, existing UN treaties should still “provide
the basis for states’ legal obligations to fight global warming and address the
consequences of their historic contributions”.

Neither of these two countries fully recognises the authority of the ICJ.


ISLAND STATES SAY TREATIES CAN’T BE A ‘VEIL’ FOR INACTION

Vanuatu has hit back against some of the statements given by countries so far.

ADVERTISEMENT

“We are obviously disappointed by the statements made by the governments of
Australia, the United States, Saudi Arabia, and China during the ICJ
proceedings,” says Ralph Regenvanu, Vanuatu’s Special Envoy for Climate Change
and Environment.

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“These nations, some of the world’s largest greenhouse gas emitters, have
pointed to existing treaties and commitments that have regrettably failed to
motivate substantial reductions in emissions.”

Regenvanu clarified that, while these treaties are essential, they cannot be a
veil for inaction or a substitute for legal accountability.

> Our dependence on their assistance makes it all the more critical for them to
> act responsibly and in solidarity with vulnerable nations like ours.

Ralph Regenvanu
Vanuatu’s Special Envoy for Climate Change and Environment

It is particularly concerning, the special climate envoy said, that some of
these nations, which developing countries rely on for aid and support, have not
recognised the severity of the climate crisis or their responsibilities under
international law.

ADVERTISEMENT

“Our dependence on their assistance makes it all the more critical for them to
act responsibly and in solidarity with vulnerable nations like ours.”


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UK UNIVERSITIES ARE DIVESTING FROM FOSSIL FUELS WHILE THE REST OF EUROPE LAGS
BEHIND

Universities across the UK are severing ties with the fossil fuel industry
following years of campaigning by staff and students. - Copyright Mika
Baumeister
Copyright Mika Baumeister
By Rebecca Ann Hughes
Published on 05/12/2024 - 16:00 GMT+1 •Updated 16:05
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While the pledges have been praised by campaigners, investigations show
universities have still accepted millions of euros in funding from fossil fuel
companies in recent years.

ADVERTISEMENT

Universities across the UK are severing ties with the fossil fuel industry
following years of campaigning by staff and students.

Just yesterday, the eight universities in Wales agreed to cut ties with the
fossil fuel industry after a landmark decision by the University of South Wales
(USW).



Over three-quarters of British institutions have committed to exclude oil and
gas companies from their investment portfolios, according to student-led
environmental justice group People & Planet.

Birmingham City University, Glasgow School of Art, Royal Northern College of
Music and the University of Bradford also recently joined the list.

While campaigners have praised the pledges, investigations show universities
have still accepted millions of euros in funding from fossil fuel companies in
recent years.


FOSSIL FREE UNIVERSITIES: ‘GENERATIONS OF STUDENTS HAVE FOUGHT FOR JUSTICE’

115 out of 149 UK universities have publicly pledged to divest from fossil
fuels, so that they no longer invest in shares of these energy companies or
accept their sponsorship money, People & Planet announced on Friday.

This means endowments totalling roughly £17.7 billion (€21.4 billion) are now no
longer available to the fossil fuel industry.



Laura Clayson, Campaign Manager for Climate Justice at People & Planet, praised
the dedication of campaigners.

“That we can celebrate this today is down to the generations of students and
staff that have fought for justice in solidarity with impacted communities,” she
told UK newspaper the Guardian.

“The days of UK universities profiteering from investments in this neo-colonial
industry are over.”


UK UNIVERSITY INVESTMENTS HARM COMMUNITIES ON THE CLIMATE CRISIS FRONT LINE

People & Planet established the ‘Fossil Free Universities’ campaign in 2013.



Part of the network’s efforts have focused on amplifying the “struggles and
voices” of communities most impacted by the climate crisis to spotlight the
real-world impact of investments made by UK universities.

“The demand for fossil-free came from frontline communities themselves and it is
an act of solidarity from global north organisers campaigning on this,” Clayson
said.

Related
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“We have a responsibility to speak the lived experiences of the communities
resisting these inequalities into megaphones at protests and in negotiations
within university boardrooms, to highlight their stories of struggle in spaces
so often detached from the reality of everyday life on the frontlines.”

Before the end of the year, Planet & People will release its latest university
league table, which ranks institutions according to ethical and environmental
performance.

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The group says they will then increase efforts to urge the remaining 34 UK
universities to divest from fossil fuels.


UK UNIVERSITIES HAVE ACCEPTED MILLIONS IN FOSSIL FUEL MONEY

While the pledges are a significant step forward, an investigation by
Investigate Europe and openDemocracy found that 60 universities in the UK
accepted a total of at least €170 million between 2016 and 2023 in funding from
fossil fuel firms.

Shell, together with its subsidiaries and associated entities, was the leading
contributor with at least €62 million going to British institutions.

The next largest donors were BP, Malaysia’s state-owned oil company Petronas,
Total, and mining company BHP.

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   campus 
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   made the top 10


EUROPE’S UNIVERSITIES LAG BEHIND IN PUSH TO DIVEST FROM FOSSIL FUELS

Away from the UK, universities across Europe are doing much less to cut ties
with the fossil fuel industry.

Of 211 educational institutions that have committed to divesting, only 15 are
based in mainland Europe, according to 2021 data from the climate campaign
organisation 350.org analysed by news site Science|Business.

Investigate Europe’s research also found that universities in eight countries on
the continent accepted at least €90 million from oil and gas companies between
2016 and 2023.

Of that total, 10 of Norway’s universities and university colleges received €68
million in fossil fuel funding.

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