In a recent ruling, the European Court of Justice addressed the question of whether member states can prohibit the use of terms traditionally associated with animal products for plant-based alternatives. The dispute arose from a French government decree that banned terms like ‘steak’ or ‘sausage’ for products made from plant-based proteins.
The Court emphasized that EU regulations, specifically Regulation (EU) No 1169/2011, ensure full harmonization regarding consumer information. This means that member states cannot simply impose additional restrictions. The French measure was challenged by plaintiffs, including Beyond Meat and the European Vegetarian Union, who argued it conflicted with this regulation.
According to the Court, member states cannot impose a general ban on the use of certain terms for plant-based products unless a legally established name exists. Such a legal name must meet specific criteria and only then can it protect consumers. In the absence of such a name, producers of plant-based products are allowed to use commonly accepted or descriptive terms.
The ruling clarifies that European harmonization offers protection to both consumers and producers of plant-based products. National authorities may intervene when promotional practices are found to be misleading, but an outright ban on traditional meat names for plant-based products is not permitted.
Source: Europees Hof