The meat of the conversation

The news that France or any member state can’t ban meaty terms in plant-based food labels has given industry a lot to chew over.

The words burger, sausage, and steak may have distinct meanings to some, however the EU’s Top Court ruled that these same words are now legal names for vegan marketing. The Court of Justice of the European Union has ruled that France or any Member State cannot prohibit using “terms traditionally associated with animal products” for plant-based alternatives, provided the ingredients are clearly shown on labels.

The ECJ’s judge said France could technically introduce a ban under certain conditions, but stated that current EU law is already enough to protect consumers.

ProVeg International spelled out the ruling on its website when it said that the Court states that EU member states would have to legally define meat terms, including descriptive terms such as sausage or burger.

This would create huge confusion for consumers and the single market because defining these terms depends on cultural and linguistic references. If no such legal name exists, a general ban on using these terms for plant-based products is not allowed.

Jasmijn de Boo, global CEO of ProVeg International, welcomed the “clarity” in the judgement, and hopes that the French court will dismiss the restriction accordingly.

The ECJ’s ruling centres on “harmonization under EU law”, which means Member States’ national measures cannot override the EU framework for labelling. It clearly sought to highlight the importance of consistency in food labelling laws across the EU.

The court also underscored Member States’ authority to challenge cases where food marketing might mislead consumers. However, they must demonstrate it within the EU regulation framework. It is worth noting that the European Court of Justice is the key authority for interpreting EU law.

We haven’t end-game yet. Even though the decision could have profound repercussions on food labelling for plant-based products across Europe, the case, first brought forward by the European Vegetarian Union and others, will now be returned to the French Conseil d’Etat to be ruled on for a final decision.

Both Italy and Poland have also considered tighter regulations, with lawmakers debating whether to limit the use of meat-related terms for plant-based products in order to protect traditional meat industries. However, with the EU court’s recent ruling, it is likely that these plans will face significant challenges.

The EU court’s ruling is a boost for plant-based businesses who can market their products confidently. As plant-based products continue to evolve, legal frameworks will need to adapt to these new realities. For now, the EU has sent a clear message: plant-based foods have a right to compete, using terms familiar to consumers.

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