There has been a lot of commentary on the decision in Verband Sozialer Wettbewerb eV v. TofuTown.com GmbH (“TofuTown”), however most has been superficial and has given the impression that the ECJ banned plant-based food producers from using certain words, such as “milk” and “cheese”. In fact, a political decision to grant dairy a monopoly on the use of those words was taken decades ago. This paper explains the historical context of the TofuTown decision, the background to the regulation applied by the ECJ, and what the regulation and decision together mean for plant-based food manufacturers in the EU, and in particular in the UK. In light of the exponential growth of the plant-based food market and the number of plant-based consumers in the UK and across the EU, consideration is also given to the prospect of a legal challenge to the regulation, either by a plant-based food producer or by vegan consumers. These same arguments may be advanced by vegan run plant-based businesses in defence of enforcement proceedings against them for use of the restricted words.