Swiss Court Rules Only Dairy Can Be Called “Milk”

A significant ruling from the Swiss Federal Supreme Court has clarified that the term “milk” may only be used for products derived from an animal’s udder. Plant-based alternatives, including oat, soy, and almond drinks, are now prohibited from displaying the word on packaging—even in negated forms such as “not milk.”

The case focused on an oat-based beverage marketed by Danone under its Alpro brand, sold in supermarkets like Migros and Coop. The packaging featured the tagline “Shhh… this is not milk”, with the letter “i” replaced by a droplet. Swiss authorities, including the cantonal laboratory in Zurich, determined that such labeling could mislead consumers into thinking the product was dairy due to visual cues such as the white-and-blue carton.

Under Swiss food law, plant-based substitutes must be clearly differentiated from animal products. Terms traditionally associated with meat or dairy, such as “salami,” “meatloaf,” or “milk,” are off limits for vegan alternatives. Guidance from the Federal Food Safety and Veterinary Office had already advised that even negated claims could be misleading. The Supreme Court’s decision now makes this binding nationwide, with a majority of four to one ruling against the use of “milk” for plant-based products. One dissenting judge noted that terms like “soy milk” and “almond milk” are widely understood and unlikely to confuse consumers.

Critics argue the decision is out of step with common usage, as plant-based and dairy beverages are often sold side by side and used interchangeably in everyday meals like coffee or muesli. While the ruling strengthens legal clarity, it does not rely on empirical evidence of consumer confusion. A 2024 Swiss study suggested that consumers overwhelmingly recognize plant-based drinks as distinct from dairy products.

The case reflects longstanding structural influences in Swiss law, shaped in part by agricultural and dairy interests seeking to protect traditional product names. However, the Supreme Court applies the law as written, emphasizing strict definitions of dairy-related terminology across the country. This ruling follows a previous judgment banning labels like “planted chicken” for similar reasons.