Dairy alternatives like “I Can’t Believe It’s Not Butter” and Alpro’s “This Is Not M*lk” are designed to prevent shoppers from confusing plant-based products with real dairy products. If strict new rules are imposed, the name may have to change.
It comes as trading standards officials are thought to be on the verge of announcing new guidance including banning the use of words and phrases such as ‘milk’, ‘cheese’ and ‘not milk’ on labels. Base Food Alliance UK (PbFA) will make its final submission to the Environment Secretary for intervention next week.
In a letter to Steve Barclay, PbFA chief executive Marisa Heath said she expressed concerns, including the risk that the resulting disruption would drive up prices. The government is calling for the guidance to be withdrawn and regulations to be reviewed.
“This is bad behavior at a time when we should be encouraging consumers to make more sustainable choices,” Heath said, suggesting enforcement would have a negative impact on the food industry as a whole.
“Major retailers will need to rename their own branded plant-based products,” she said. “This will cause unnecessary time and financial costs to an industry already doing its best amid a cost of living crisis. This could also impact consumer prices.”
Ian Hepburn, marketing director at Upfield UK and Ireland, which produces I Can’t Believe It’s Not Butter, said the infection had been spreading in millions of refrigerators across the UK for nearly 35 years. “I can’t imagine anyone being confused,” he says.
“In 2023, we received not a single complaint regarding consumer confusion. We are perplexed by these proposed restrictions, which only add red tape to outdated EU law.”
The latest guidance, dated January 2024 and seen by the Guardian, is not watered down, despite concerns raised by the plant-based food industry.Last year, Greenpeace announced that the dairy industry lobbied for rules Citing government and dairy industry documents, it says it should be enforced.
The so-called ‘draft opinion’ has been written by the Food Standards Information Focus Group (FSIFG), the main group of trading standards officers, but enforcement of the law on dairy labeling and marketing standards rests with local authorities and trading standards officers. It is entrusted to act on their behalf.
FSIFG explains: “Technological innovations are developing products that offer alternatives to traditional animal-based foods. It is important that products are clearly differentiated and understood, and that nutritional differences are not confused.”
The document states that plant-based brands should not use homonyms, asterisk characters, or other wordplay. Words like “whole” are also prohibited. Analysts say using fun names like m!lk and m*ilk has historically been a way to encourage people to try plant-based products.
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Custard cream, salad cream and cream crackers are among the foods exempted from the rules, but experts said terms such as “soy yoghurt” and “vegan mozzarella” should not be used. Instead, they propose a “soy dessert fermented with live cultures” and literal “vegan soft white balls with a light cheese flavor.”
Once the guidance is rubber-stamped when FSIFG’s business experts group next meets, it will be shared with trading standards officers across the country. Businesses fear restrictions could be introduced by Easter if they don’t change their minds. If you are the subject of a complaint, you may be subject to enforcement actions such as changing your brand name or packaging.
Brian Carroll, general manager of Oatly UK and Ireland, said: That said it is It’s “frankly insulting” to assume that people can’t tell the difference. Did Britain really want to be a country with the “strictest rules on food and drink”? he added.
A spokesperson for the Department for Environment, Food and Rural Affairs said: “This is a draft opinion from a body independent of government. There are no plans to change existing law in this area.”
