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Belgium ∙ Ceci n’est pas du lait – This is not milk

The Use of the Reserved Names “Milk”, “Yogurt” and “Dairy” for Non-Dairy Products

Yves van Couter, Aude Mahy, Florence d’Ath


On 10 March 2015, the Court of Appeals of Brussels reached its decision in a case involving a dispute between the dairy industry and a producer of substitutes for dairy products regarding the use of the words “milk”, “yogurt”, “cream” or “dairy” for presenting or advertising non-dairy products, such as almond milk or soya drinks. It reaffirmed that these generic names of dairy products are protected and are exclusively reserved for the dairy products in question. Products, therefore, which do not meet the specific legal requirements and characteristics described by these names may not, in principle, be labelled as “milk”, butter”, ”cream” or “yogurt”. In its judgement, the Court of Appeals did not, however, clarify whether the use of these reserved names for non-dairy products is prohibited in all circumstances, or whether they can sometimes be used in order to distinguish non-dairy products from milk products. Instead, the Court adhered close to the general principles of consumer protection and held that, in the circumstances at hand, the defendant’s use of these reserved names could mislead consumers as to the nature or composition of the non-dairy products.

Yves Van Couter is an attorney-at-law with the Brussels bar, Partner with Loyens & Loeff, heading the Belgian Litigation & Risk Management department and a member of the Benelux Food & Beverages Team specialised in dispute resolution.Aude Mahy is an attorney-at-law with the Brussels bar, and Counsel with the Litigation & Risk Management department with Loyens & Loeff, where she heads the Food & Beverages Team. Florence d’Ath is an attorney-at-law with the Brussels bar, associate with the Litigation & Risk Management department with Loyens & Loeff, and a member of the Food & Beverages Team.

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