Dairy farmers want plant-based drinks to stop using the word 'milk'. But does it really confuse consumers?
Many Australians now drink their coffee with dairy alternatives, but the dairy industry wants the word "milk" removed. (Landline: Angus Mackintosh)
In short:
A UK court has ruled that an oat-based drinks company can no longer use the term "milk" in its product marketing.
Dairy farmers say the case highlights the need for Australia to tighten its labelling laws around what can be called milk.
What's next?
An industry code of practice is being developed to help consumers clearly identify traditional and alternative protein sources.
When is milk not milk?
Debate has raged over whether non-dairy products should be able to use labels such as milk, yoghurt and cheese.
Now, the Australian dairy industry has seized upon a recent UK Supreme Court ruling, in which an oat-based drinks company lost a long-running legal battle to use the word "milk" in its marketing, to push for tighter labelling laws in Australia.
Earlier this month, the UK's highest court ruled that Swedish company Oatly could no longer trademark or use the wording "Post Milk Generation" on its food products, following an objection by British dairy farmers.
Dairy UK argued that under trademark law, the term "milk" could only be used to refer to products coming from an animal.
Robert Brokenshire is arguing for "truth in labelling" when it comes to non-dairy based products. (Supplied: South Australian Dairy Association)
SA Dairyfarmers' Association president Robert Brokenshire welcomed the ruling, arguing it was a debate that "needs to be had here in Australia".
"If people want to buy plant-based meat or almond juice or soy juice, that's okay — but the labelling is grossly misrepresenting the industry,"Mr Brokenshire said.
"From my point of view, given that they're using our nutritious and affordable protein dairy as their trademark by calling it 'almond milk', 'lab milk', 'soy milk', etc, it is of concern and it does impede on our industry.
"Calling it milk is not true."
The dairy industry argues that products labelled milk should come from an animal. (ABC Rural: Selina Green)
Mr Brokenshire said the dairy industry was facing other challenges, with a potential European Union trade agreement threatening to restrict Australian producers' ability to use terms such as feta and parmesan.
"We've got all these challenges, but we've been dragging the chain when it comes to equity and fairness in our own industries," he said.
Strengthening the voluntary code
The Australian government committed $1.5 million in its 2024–25 budget to improve existing arrangements for the labelling of plant-based and alternative protein products.
Federal Agriculture Minister Julie Collins has since announced that would involve the development of an industry code of practice, led by the Alternative Proteins Council.
Plant-based milk alternatives are derived from legumes, nuts, cereals or seeds. (ABC Rural: Annie Brown)
According to the minister, the voluntary code will provide clearer guidance to plant-based producers by discouraging animal imagery, limiting meat-specific terminology, improving the prominence of plant-based qualifiers, and establishing a transparent complaints mechanism.
Loading..."Australian consumers should be able to clearly identify both traditional and alternative protein sources," the minister said.
Mr Brokenshire did not believe companies would abide by a voluntary code.
"They basically stole the word milk to market their product from day one because they saw it as an advantage for them, and I don't believe that they'll do anything until there's a mandatory code,"he said.
Are consumers confused?
Almond Board of Australia chief executive Tim Jackson said consumers were savvy enough to know the difference between dairy and plant-based products.
"You've got a growing awareness around people who have got various needs for plant-based products," Mr Jackson said.
"So whatever they're going to call them, I think that genie's out of the bottle in regard to calling them a milk or a cheese or a yoghurt."
Many different plant-based milks can be found in Australian supermarkets. (ABC News: Bec Whetham)
He did not believe changing the name would significantly impact the plant-based protein industry, given its market popularity.
"It wouldn't make any difference whatsoever … I think that the market's already established," Mr Jackson said.
"I just think that it's a lot of energy over something that the almond industry and the dairy industry should be working closely together, not trying to drive wedges between us."
Food labelling expert Courtney Stewart was not surprised by the recent UK Supreme Court ruling around the use of the word milk.
"It's something that's probably been brewing for a while," Dr Stewart said.
"I think there's probably been a little bit of controversy in the way that the terminology around milk has been used, so it is interesting to see there's actually a bit of a legal playbook now for companies to follow."
Imagery rather than wording matters
Dr Stewart said Australia's approach to non-dairy labelling was more concerned around imagery than wording.
Courtney Stewart says imagery rather than wording seems to confuse consumers. (Supplied: Courtney Stewart)
"There was some research done by Food Standards Australia New Zealand, and they found that consumers generally were pretty clear about the difference between dairy versus plant-based alternatives," she said.
"The only area where there was confusion was around when there was animal imagery on plant-based products.
"If a consumer is looking at that imagery and … there's something that indicates it might be a cow-based product, but then the name of the product is that it's oat-based, it can really create that confusion for consumers, which is misleading."