Last updated on October 26, 2025
No. In the European Union, plant-based products cannot be labeled as “milk” or “cheese,” as these terms are legally reserved for animal-derived products under Regulation (EU) No. 1308/2013, which defines and protects dairy designations.
When “Milk” Is More Than a Word
You’re in a European grocery store, scanning the shelves for your favorite oat-based drink. You find it—but it’s labeled “oat beverage,” not “oat milk.” That’s not a branding decision. It’s the result of a legal framework that treats food labels with the same precision as a scientific formula.
In the European Union, food labeling is governed by a complex web of regulations designed to protect consumers and preserve the integrity of traditional food products. Among the most fiercely guarded are dairy terms like “milk,” “cheese,” “butter,” and “yogurt.” These aren’t just culinary staples—they’re legally protected designations.
The Legal Framework: Regulation (EU) No. 1308/2013
The cornerstone of this policy is Regulation (EU) No. 1308/2013, which establishes a common organization of agricultural markets across the EU. Article 78 of the regulation defines “milk” as “the normal mammary secretion obtained from one or more milkings, without either addition thereto or extraction therefrom.” It further specifies that terms like “cheese” and “yogurt” are reserved for products derived exclusively from milk.
This means that even if a plant-based product mimics the taste, texture, or nutritional profile of dairy, it cannot legally use dairy terms on its label—unless explicitly exempted by EU law.
Judicial Backing: The TofuTown Ruling
This interpretation was upheld by the Court of Justice of the European Union in the 2017 “TofuTown” case. The court ruled that plant-based products could not be marketed using dairy terms, even when accompanied by qualifiers like “soy” or “vegan.” The rationale? Such labels could mislead consumers and dilute the meaning of protected terms.
Recent Clarifications: No Room for Misinterpretation
In response to ongoing debates and market developments, the European Commission reaffirmed its stance in 2024 through a written reply to the European Parliament. It clarified that Member States cannot authorize the use of dairy terms for plant-based products unless the EU has formally adopted a legal name for them. This ensures consistency across the single market and prevents national deviations from EU law.
What’s Permitted?
Producers can use terms like “plant-based drink,” “vegan alternative to cheese,” or “oat beverage.” These descriptions must be clear, accurate, and not misleading. The goal is to inform consumers without infringing on the legal definitions of dairy products.
Why It Matters
This isn’t just a matter of semantics. The EU’s labeling rules reflect a broader commitment to consumer protection, fair competition, and the preservation of traditional food identities. As the plant-based market continues to grow, the EU is navigating the fine line between innovation and regulation.
For now, if it didn’t come from an animal, it can’t be called “milk” or “cheese” in the EU. And that’s not just a guideline—it’s the law.
See more on EUROPEAN UNION
Sources
Regulation (EU) No 1308/2013 – EUR-Lex
https://eur-lex.europa.eu/eli/reg/2013/1308/oj/eng
Ongoing
Food labelling – Your Europe (European Commission)
https://europa.eu/youreurope/business/product-requirements/food-labelling/general-rules/index_en.htm
Ongoing