Federal court puts its foot down Oat drink must not be called "milk"
A vegan alternative to milk is not allowed to use the term "milk". In public deliberation, the Federal Supreme Court rejected an appeal by Danone by four votes to one. The company had marketed a product with the label "not milk".
27.03.2026, 13:03
27.03.2026, 13:23
SDA
According to Swiss law, milk is defined by the court as "the product obtained by milking from the udder secretion of animals of the mammalian genus". This term is protected and may not be used for plant-based alternatives.
In addition, the presentation of the oat drink packaging is likely to mislead consumers. The packaging distributed by Danone Switzerland bore the inscription "Shhh... this is not milk", with a white drop replacing the letter "i" in "Milk".
The Zurich Cantonal Laboratory had already banned the sale of the product in March 2022 as it violated the provisions of food law. This decision was confirmed by the Zurich Administrative Court, whereupon Danone took the case to the Federal Supreme Court.
The judges in Lausanne have now dismissed the appeal. According to food law, the presentation and labeling of foodstuffs must not be misleading, particularly with regard to the production, composition and type of product.
(Judgement 2C_47/2025 of March 27, 2026)
