Manufacturers can use terms such as sausage, steak and burger to describe vegetarian products provided that a country has not established a specific legal term for a vegetable protein-based food.
The decision followed a decree adopted by the French Government earlier this year which prevented the use of meaty terms to describe vegetarian products in order to protect transparency of food information in trade.
A group consisting of association Protéines France, the European Vegetarian Union, the Vegetarian Association of France and the company Beyond Meat contested the decree. It claimed the decree infringed Regulation (EU) No 1169/2011.
For or against?
The ECJ ruled in favour of the group, preventing EU Member States from blocking the sale of alternative proteins that use meaty descriptors.
“Where it has not adopted any legal name, a Member State cannot, by means of a general and abstract prohibition, prevent producers of vegetable protein-based foods from fulfilling the obligation to indicate the name of those foods through the use of customary names or descriptive names,” said the ECJ.
However, if a national authority considers a product is using these terms to mislead consumers, it may prosecute the food business operator concerned.
‘No-nonsense conclusion’
Commenting on the ECJ’s decision, European Vegetarian Union EU policy manager Rafael Pinto said: “We are very happy with the no-nonsense conclusion provided by the ECJ. This marks an important step in guaranteeing that consumers have accurate and transparent information about the products they purchase.
“It will also discourage other EU countries from attempting to enforce name bans that are ultimately counterproductive, self-damaging and creating greater consumer confusion.
“Today’s ruling from the ECJ not only protects consumers, but also safeguards the integrity of the single market. By ensuring clarity in food labelling, we can promote plant-based alternatives and work towards achieving environmental targets as well as boost EU competitiveness and innovation.”
Meanwhile, in other regulatory news, the European Commission has proposed a 12-month delay to the implementation of a new regulation banning the import of commodities linked to deforestation.