Burger, sausage, and steak are now legal names for vegan marketing in the old continent. 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.
“We also know from supermarkets that consumers are not misled by meaty names for plant-based foods”
In a press release published today, the court explains that states must refrain from prohibiting producers from using customary or descriptive names for plant-based foods in the absence of an adopted legal name (a law defining what a sausage or a burger is). According to ProVeg International, adopting legal names would create massive confusion for consumers and the single market because defining these terms depends on cultural and linguistic references.
Jasmijn de Boo, Global CEO of ProVeg International, shared in a press release, “We welcome the clarity given by the European Court of Justice in this judgement. We now hope that the French court will take to heart what has been said about the disruption that a ban on ‘meaty’ names for plant-based food will cause and dismiss the restriction accordingly.”
Harmonization under EU law
The court emphasized that “harmonization under EU law” means Member States’ national measures cannot override the EU framework for labeling, highlighting the importance of consistency in food labeling 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.
De Boo continued, “We also know from supermarkets that consumers are not misled by meaty names for plant-based foods because supermarkets do not receive complaints about this. The impetus for passing the Decree in France was clearly driven by the commercial concerns of the meat industry,” de Boo added.
Sounds absurd?
France was the first country in the EU to take measures against plant-based meat labels, prohibiting terms like ‘burgers’ or ‘sausages’ for marketing plant-based alternatives. In June 2022, it published the first decree to improve “consumer transparency,” alleging consumer confusion.
Later, the French Conseil d’Etat halted the process to ask the European Court of Justice if banning these names in plant-based products was compatible with the EU. Nonetheless, the government revealed a renewed proposal last September and published it this February.
“The impetus for passing the Decree in France was clearly driven by the commercial concerns of the meat industry”
The court’s ruling is a huge win for advocacy groups, including Protéines France, the European Vegetarian Union, and the Association Végétarienne de France, which contested France’s decree, claiming it was inconsistent with EU law.
Heura shared on social media, “In a significant win for the plant-based industry, the European Court of Justice has struck down a French decree banning the use of terms like ‘plant-based meat.’
“For small, emerging plant-based brands, the mission is clear: disrupt a market dominated by multibillion-dollar corporations with armies of lawyers who view us as a threat. Recently, these powerful industries succeeded in pushing lawmakers in France, Italy, and Spain to pass restrictive laws targeting the names used by plant-based products, claiming consumers can’t understand terms like ‘plant-based.’ Sound absurd? It is.”
