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Dutch court rules against plant-based butter brand ‘Roombeter’: Only dairy products allowed to use the word ‘cream’

A Dutch court has ruled against Upfield’s plant-based butter, Roombeter, stating that its use of the word ‘room’ (cream) in the product name violates European regulations that protect dairy-related terms allowed for dairy products only.

The court found that even without using the word ‘butter,’ the term ‘room’ (which translates to cream in Dutch) falsely implied that the product contained dairy.

"Upfield may compete with butter as fiercely as it wants with its new product," the judge wrote. However, "[i]t may not use the term 'cream' in the name of the product, because that is in conflict with European regulations."

Dairy industry concerns

Because of the similarity of the brand name ‘Roombeter’ to the Dutch word for butter (roomboter), the product faced accusations of misleading consumers even before the case went to court. In late 2023, Dutch consumer rights organisation Foodwatch selected Roombeter as the ‘most deceptive product of the year’.

The Dutch dairy industry also expressed significant dissatisfaction about a campaign that included slogans like "Still prefer cow butter? Typical herd behaviour" and "Skip the cow". After backlash from dairy farmers, the supermarket chain Albert Heijn removed in-store adverts containing these slogans.

The Dutch dairy producers organisation (Nederlandse Zuivel Organisatie, NZO) challenged Upfield, a spin-off of Unilever, in court. In a statement on their website, NZO welcomes the judgment: “The NZO is pleased that the judge is clear in her ruling that dairy names are protected under European law. Protecting dairy terms offers consumers the guarantee that products with dairy names all meet the same quality standards. This protects consumers from any confusion regarding the composition of dairy products that they want to buy.”

The rise of plant-based butters

The demand for plant-based butters has risen in recent years, as consumers have become more health-conscious and environmentally aware. Brands like Upfield and Willicroft have capitalised on this trend, offering products with reduced climate impact and cleaner ingredient lists. Plant-based butters often use ingredients like coconut oil, sunflower oil, and rapeseed oil, avoiding common allergens and catering to vegan diets.

Despite the accusations of misleading branding, Upfield continued to market its product Blue Band Roombeter as a sustainable alternative to dairy butter. The company claims that the product has an 81% lower climate impact than dairy competitors and touts its clean label, containing only six natural ingredients free from palm oil, dairy, and lactose.

While complying with the recent ruling, in a reaction to the court’s decision, a spokesperson told the Dutch national broadcaster NOS "We believe that consumers are well informed today and have always been able to recognise the plant-based nature of 'Blue Band Roombeter'.” Upfield has been ordered to cease the sale and marketing of the product within three months.

Understanding EU regulations on plant-based product naming

The European Union has regulations regarding the labelling of dairy and non-dairy products. EU Regulation 1308/2013 states that milk and “milk products intended for human consumption … exclusively [refer to] the normal mammary secretion obtained from one or more milkings without either addition thereto or extraction therefrom.” The English term ‘cream’ is also referenced explicitly as “exclusively reserved for milk products”. The rules, however, are subject to interpretation and enforcement by individual member states, which can lead to varying applications and challenges for companies operating across different markets.

In France, a recent suspension of a ban for using 'meaty' names for plant-based products allowed terms like steak and sausage for plant-based alternatives, highlighting the complexity and ambiguity of terms used in plant-based marketing.

In the UK, meanwhile, the High Court ruled in favour of Oatly using the term 'milk' on its packaging in January 2024. The court concluded that the term 'Post Milk Generation' did not mislead consumers, thereby permitting its use in marketing oat-based drinks. This ruling highlighted the importance of context in product naming, recognising that modern consumers are capable of distinguishing between dairy and non-dairy products based on packaging and branding.

The Netherlands has seen similar regulatory actions, with plant-based milk products like oat milk being rebranded as oat drink to comply with EU regulations. The varying national rulings require manufacturers to undertake a detailed, case-by-case analysis to ensure compliance while finding informative and appealing product descriptions.