Switzerland: Federal Supreme Court ruling: ‘Milk’ may not be used to describe vegan products

In Switzerland, plant-based products may not be advertised using the term ‘milk’. This was decided by the Federal Supreme Court in its judgment 2C_47/2025 of 27 March 2026, delivered in open court. The case concerned an oat drink bearing the slogan “This is not Milk”, in which the “i” in “milk” was represented by a drop. 

As early as 2022, the Cantonal Laboratory had taken the view that the average consumer might confuse the product with cow’s milk; this assessment was upheld by the Administrative Court of Zurich in 2024. One Federal Supreme Court judge argued that terms such as ‘soy milk’ or ‘almond milk’ had long been established in everyday language and that hardly anyone confused such products with cow’s milk. However, this view did not prevail, and the manufacturer’s appeal was dismissed by four votes to one. 

Furthermore, the Federal Supreme Court held that it is irrelevant whether the term is used in the affirmative, negative or with a modified spelling. Consequently, even phrases such as “I am not milk” or graphic variations do not alter the fact that the term “milk” is inadmissible in this context.  

The decision follows on from the judgement 2C_26/2023 of 2 May 2025 on the labelling of vegan products and concretises the rules for plant-based alternatives.