Chilean Supreme Court Bans NotCo from Using Dairy References

Chile's Supreme Court has delivered a decisive ruling in favor of traditional dairy producers, marking a significant legal victory against The Not Company (NotCo), a prominent player in the plant-based food industry. The court's decision, dated May 12, 2026, mandates that NotCo cease using the term 'milk' and any dairy-related imagery, including cow depictions, on its product packaging.

The lawsuit, initiated by the Los Ríos dairy producers' association Aproval, accused NotCo of engaging in deceptive advertising practices. The court found that NotCo's marketing strategies, which included slogans like 'It's milk, but Not' and imagery of a crossed-out cow, misled consumers into associating its plant-based products with traditional dairy.

Additionally, the court noted that NotCo's products were placed alongside traditional milk in retail outlets, further contributing to consumer confusion. The ruling emphasizes that under Chilean sanitary regulations, the term 'milk' is exclusively reserved for animal-derived products.

NotCo has been given a 15-day deadline to remove all offending products from store shelves across Chile. The court explicitly prohibits the re-labeling of these products, insisting that they must be completely withdrawn from the market.

According to Aproval's legal representative, José Clemente Coz, this decision sets a precedent in the region regarding advertising boundaries for alternative protein industries. It underscores the importance of maintaining clear distinctions between plant-based products and traditional dairy, protecting the latter's market identity.