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I find this whole "it's not milk if it's not dairy" argument really hard to take in good faith.
I'm not an expert at all, but when I've heard people talk about these kind of decisions, it sounds like it's normally meant to come down to consumer benefits.
Who's gaining here (aside from dairy lobbies)? I don't think there's any reasonable argument that UK citizens are confused by the term "oat milk", and buying it because they were tricked into thinking it was a dairy product.
I know a person who thought that the "plant milks" are flavours of regular milk until it was explained to them. Like chocolate milk.
All people are at least a little stupid. We're all stupid in our own way. Something that seems obvious to you and I may seem mind-boggling to someone else.
Would have been hilarious if big dairy brought them into the trial as an "expert witness".
"Yes, that's right ladies and gentlemen, I am a real life strawman."
Tbf especially with "almond milk" I could 100% see that. Honestly it's more logical than "they squeeze all the juice out of the almonds" (I have no idea the process for making almond milk lmao ykwim), someone seeing it and saying "Almonds huh? Crazy, what flavor will they think of next? I'd have chosen hazelnut" is really not that big of a jump.
Honestly I'm more surprised I didn't think that, but iirc I was informed about it through a vegan friend before I even saw it in the store.
Yeah there are idiots, but what's the harm? They may be shocked to find there's 0 dairy, but how does that impact them? The nutrition info is on the label, as is the ingredients.
Law has a concept of the average idiot (cannot remember the real term). When applying confusion as a risk. Honestly milk has been used so much in English. (Coconutsand other things) I think that would fail.
I ANAL though.
Its more likely that oat milk is intentionally selling as a mamory milk alternative. That was made as an argument. But it is clearly a biased response from the court.