Swiss Court Upholds Ban on Danone's 'Not Milk' Oat Drink Packaging

A Swiss court has upheld a ban on Danone's Alpro oat drink packaging after ruling it misleads consumers. The design, featuring the phrase 'SHHH.... THIS IS NOT MILK' with a milky droplet replacing the 'i', was deemed deceptive. The decision follows a long legal battle over how plant-based products can be labelled in Switzerland. The dispute began in March 2022 when the Zurich Cantonal Laboratory banned sales of the Alpro oat drink. Officials argued that the packaging could confuse shoppers into believing the product was genuine cow's milk. The Zurich Administrative Court later agreed, stating the overall design was misleading.

Danone appealed the ruling, but on March 27, 2026, the Swiss Federal Supreme Court rejected the case in a 4-1 decision. The court ruled that only products from an animal's udder can legally be called *milk*—even if the label claims otherwise. Negative phrasing like *'I am not milk'* was also classified as misleading under Swiss food law. The Swiss Consumer Protection Foundation supported the ban, arguing that labelling a product for what it isn't creates unnecessary confusion. This ruling aligns with previous cases, including a 2025 decision banning the term *'Planted Chicken'* for similar reasons. The Alpro oat drink remains available in major retailers like Migros and Coop, but with revised packaging.

The final ruling reinforces Switzerland's strict stance on food labelling for plant-based alternatives. Companies must now ensure their packaging clearly distinguishes vegan products from animal-derived ones. The decision sets a precedent for how similar cases may be handled in the future.