The Ethics of Etiquette

I was recently told that it is apparently not possible to include the word «milk» on the packaging of the oat-based drinks I’m so fond of, which are good alternatives to «traditional» milk.

That sounds completely far-fetched to me. Is it true?

Gilles, Lancy

Surprising as it may seem, it is true – at least when the word «milk» is used to refer to or describe a plant-based drink.

Swiss food legislation requires that the information appearing on a product must be accurate and must not mislead consumers. It also stipulates specific names for certain foods. However, «milk» is legally defined as the product of normal mammary secretion obtained by milking animals; oats therefore do not fall within the scope of this definition.

This strict approach has been confirmed by recent case law from our Supreme Court, in connection with a case involving «imitation poultry» (!), in which it had already ruled that a plant-based product could not be marketed under the name of an animal species. The press, for example, reported on the ‘vegetable chicken’ case, where the name was banned because it referred to a designation reserved for a product that actually contains meat.

The Federal Court took a further step in March 2026 regarding an oat-based drink sold with the slogan «SHHH… THIS IS NOT M*LK» («Shh… This is not la*t»), with the «i» in «milk» replaced by a white drop. The manufacturer argued, amongst other things, that no one could seriously believe it was milk. The judges nevertheless upheld the ban on this product. In their view, the term «milk» cannot be deemed lawful simply because it is used in a negative form or slightly altered typographically, whilst it remains the central element visible on the packaging.

This does not mean that any comparison with a dairy product is strictly prohibited. Descriptive claims may still be permissible if they clearly distinguish the plant-based drink from the product it imitates.

Swiss law therefore has no objection to the contents of your morning bowl or cup and will not deprive you of your oat drink: it simply points out that, when it comes to labelling, even with a great deal of imagination, a cereal should not be confused with a dairy cow that would only line its producer’s pockets!

Read Pascal Rytz's columns on Tribune de Genève