IJHARS: Naming of plant-based beverages – no possibility to use references to “milk”

The Chief Inspector of IJHARS has published a position on the naming of plant-based products, in particular beverages. It confirms that names reserved for milk and dairy products cannot be used for plant-based products, in line with Regulation (EU) No 1308/2013 and the CJEU case law (Case C-422/16 TofuTown).

The prohibition covers not only the direct use of the term “milk”, but also any forms suggesting a dairy character of the product, including:

• terms such as “plant-based milk”,
• negating expressions (e.g. “this is not milk”),
• verbal or graphic elements referring to the term “milk”.

GIJHARS emphasises that labelling, presentation and advertising must not mislead consumers as to the nature of the product. The position confirms a restrictive approach to marketing communications for plant-based beverages in the Polish market.

The position is available HERE