The recent European Court of Justice (ECJ) ruling is a major win for plant-based food labelling, striking down France’s attempt to ban “meaty” terms like “burger” and “sausage” for plant-based products. The ECJ confirmed that EU law already provides adequate consumer protection, making additional national regulations unnecessary. The one caveat: governments could still find a way of banning names for plant-based alternatives if they first legally defined meat products – something which would be a complex and lengthy process, potentially causing confusion and disrupting the single market. This ruling helps prevent consumer confusion and ensures consistency in food labelling, promoting both transparency and innovation across the EU.
In a decision to have profound repercussions on the crucial issue of food labelling for plant-based products across Europe, the European Court of Justice (ECJ) today stated that the French government’s attempt to ban meaty names for plant-based foods is not allowed unless very specific conditions are met. 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.
The ECJ acknowledged that EU law already offers sufficient consumer protection, meaning that additional national regulations setting limits on vegetable protein content for using certain names would not be allowed. Moreover, the ECJ response effectively ruled that an EU member state, like France, cannot prohibit the use of terms traditionally linked to animal products (like “steak”, ‘’burger’’ or “sausage”) for foods made from vegetable proteins, unless the country has officially established a specific legal name for such products. If no such legal name exists, a general ban on using these terms for plant-based products would not be allowed.
Implementing legal names to the variety of animal-based foodstuffs would, however, prove to be a lengthy, complicated and protracted process that risks spiralling into further EU-level harmonisation issues. Indeed, for Member States to ban these terms, they would first need to legally define them, including what constitutes meat, sausages, or burgers. This would be extremely challenging due to existing cultural and linguistic differences and could disrupt the single market. For example, a sausage in Germany might differ from one in France, creating issues for producers selling across borders and confusion for consumers.
Rafael Pinto, EU Policy Manager at the EVU stated: “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.”
Pinto further added that “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”.
Background
The French Conseil d’Etat had in 2023 referred parts of a court case brought forward by the EVU, the Association Végétarienne de France (AVF) and Beyond Meat, to the ECJ. This referral was in response to the 2021 decree introduced by the French government that prohibited the use of “meaty” denominations for plant-based foods produced in the country. The EVU and other parties have argued that this decree’s compatibility with EU law is questionable, leading to the current proceedings.
Source: https://www.euroveg.eu/veggie-burger-ban-ecj-case/
