Plant-based milks in spray bottles and balloons? Oatly fights back against EU Amendment 171

30 Mar 2021 --- Swedish alt-milk company Oatly is addressing the “absurdity” of the EU’s pending Amendment 171 (Am171) – which could place further labeling restrictions on plant-based dairy alternatives – with a humorous public awareness campaign. 

In its most restrictive interpretation, Am171 could even prohibit plant-based products using the same packaging formats as dairy competitors.

Oatly took to Instagram to demonstrate what an inconvenience this could be. In a lighthearted but serious video, company employees are seen struggling to consume their oat drink through balloons, spray bottles, soap dispensers and other unusual formats.

“The amendment is absurd, and the best way of showing that was to make it clear just how absurd the implications could be,” Cecilia McAleavey, director sustainable eating and public affairs at Oatly, tells PackagingInsights.

“Am171 not only counteracts the necessary transition to more plant-based foods but would also make it more difficult for consumers to know what they are choosing.”

“And few people want that: so far there are over 417,000 signatures on the petition to stop Am171.”

The petition is supported by several other European plant-based leaders, including ProVeg International and Upfield.

Can Am171 be stopped?
Am171 is part of the EU’s Common Agricultural Policy ongoing reform. The European Parliament backed Am171 with a small majority last October.

Oatly took to Instagram to demonstrate what an inconvenience Amendment 171 could be.However, the outcome depends on the ongoing negotiations between the European Parliament and the Council of the EU – the latter of which can still prevent Am171’s ratification.

“The ambition of the Portuguese Council Presidency is to conclude the negotiations by May,” says McAleavey.

“Until now there has been a lack of transparency, and I hope the Council takes on board the concerns and objections to Am171 raised by both the plant-based sector and consumers, given they are the ones most affected by the amendment.”

“The plant-based dairy sector is already restricted by existing legislation – these further restrictions are equal to censorship.”

What’s at stake?
The plant-based sector already faces some limitations. The European Court of Justice clarified in 2017 that “purely plant-based products cannot, in principle, be marketed with designations such as ‘milk,’ ‘cream,’ ‘butter,’ ‘cheese’ or ‘yogurt’ – terms reserved by EU law for animal products.

McAleavey warns Am171 could take the restrictions much further, preventing plant-based products from using descriptive names indicating format, flavor and texture.

“We would not be allowed to make any comparisons helping consumers make more sustainable food choices, for example, by including a comparison of the carbon footprint of plant-based and conventional dairy.”In a lighthearted but serious video, Oatly employees struggle to consume their drink through unusual packaging formats.

“In its most restrictive interpretation, it could even be prohibited for plant-based products to use the same packaging formats as dairy or a picture of a plant-based white beverage being poured at a breakfast table.”

The climate question
The EU claims to be fighting climate change through ambitious policies at home and close cooperation with international partners, with climate action at the heart of the European Green Deal.

It plans to cut emissions by at least 55 percent by 2030 and be the world’s first climate-neutral continent by 2050.

According to the UN’s Food and Agricultural Organization (FAO), the meat and dairy industry accounts for around 14.5 percent of global GHGs. If the world is to limit global warming to below 2°C and ideally 1.5°C, scientists generally agree some degree of shift to a plant-based diet is required.

“Am171 goes directly against the EU’s intent to promote more sustainable food production and makes it more difficult for consumers to choose plant-based options,” stresses McAleavey.

The European Parliament backed Amendment 171 with a small majority in October.“People are not stupid – everyone understands this is an attempt by the dairy lobby to hinder the shift toward sustainable plant-based eating.”

“We hope the Council sticks to its commitment for the EU to spearhead the global fight against climate change and throws out Am171.”

However, the European Dairy industry maintains it is crucial to protect dairy terms. Alexander Anton, secretary general for the European Dairy Association, explains: “Dairy terms such as ‘milk,’ ‘butter,’ ‘whey,’ ‘yogurt’ and alike are exclusively reserved for dairy products, and non-dairy products cannot hijack our dairy terms and the well-deserved reputation of excellence of milk and dairy.”

Innova Market Insights recently identified “The Carbon Catalyst” as its second top packaging trend for 2021, detailing the increasing relevance of a product’s carbon footprint as the key indicator of environmental sustainability amid increasingly stark climate change warnings.

EU says no to “veggie burger ban”
Last October, the European Parliament rejected a proposal to ban the words like “sausage” and “burger” to describe vegan and vegetarian products, in what plant-based industry leaders describe as a “victory for common sense.”

Oatly has devised ingenious ways to raise awareness of Amendment 171.However, MEPs also voted to ban any indirect reference to dairy products for plant-based foods, prohibiting descriptors like “yogurt-style” or “cream imitation.”

Oatly is raising public awareness in the hope Am171 will go the same way as the “veggie burger ban.” “We are working hard for it to be that way,” indicates McAleavey.

“We are concerned the European Parliament approved Am171 on the basis of a misunderstanding of its legal implications, and we don’t want the same thing happening in the coming negotiations.”

“For the campaign, we have imagined everything from balloons to spray bottles, but in reality, we are focusing on trying to stop the amendment.”

“Its implications could be even bigger than packaging – it would make it harder for consumers to find and choose plant-based foods, which is necessary given we only have nine years to meet the Paris Agreement goals,” she concludes.

By Joshua Poole