Swiss Court Bans Alpro's 'Not Milk' Oat Drink Packaging for Misleading Shoppers
Switzerland's highest court has upheld a ban on Danone's Alpro oat drink packaging after ruling it misleads consumers. The product, sold at major retailers like Migros and Coop, featured the phrase 'SHHH.... THIS IS NOT MILK' with a milky droplet replacing the letter i. A 4-1 vote by the Federal Supreme Court confirmed that such labelling violates Swiss food regulations. The dispute began in March 2022 when Zurich authorities banned the oat drink's packaging under the Foodstuffs Act. The Zurich Administrative Court found that the design—including the playful font and droplet graphic—could trick average shoppers into believing the product was cow's milk. The Swiss Consumer Protection Foundation (SKS) supported the ban, arguing that labelling a product for what it isn't creates unnecessary confusion.
Danone appealed, claiming phrases like 'not milk' or 'Shhh... this is not milk' helped consumers distinguish vegan alternatives. However, the Federal Supreme Court disagreed, ruling that only products from an animal's udder can legally be called milk. The Swiss Protein Association (SPA) had advocated for such differentiating labels, but the court sided with the Swiss Federal Food Safety and Veterinary Office (FSVO), which classifies negative claims like 'I am not milk' as misleading.
The March 27, 2026 ruling marks the first time the Supreme Court addressed misleading advertising for plant-based alternatives in Switzerland. While its jurisdiction does not extend to other European countries, the decision reinforces strict domestic labelling rules for vegan products. The sales ban remains in effect, meaning Danone must redesign the Alpro oat drink's packaging to comply with Swiss law. Retailers like Migros and Coop can no longer stock the product in its current form. The ruling sets a precedent for how plant-based alternatives must be labelled to avoid consumer confusion.
