Producers of plant-based protein foods are free to use terms like “sausage” and “burger,” according to the European Court of Justice.
The European Court of Justice (ECJ) has ruled that EU member states cannot prevent manufacturers of plant-based protein foods from using terms typically associated with products of animal origin. The ruling, published on the ECJ website on Friday, states that as long as the ingredients of these products are clearly labeled and not misleading, manufacturers are free to use commonly understood terms to market their products.
The ECJ’s decision comes in response to a 2022 decree by the French government aiming to ban the use of meat-related terms like ‘veggie burgers’ or ‘vegan sausages’ for plant-based products. The decree argued that these labels could confuse or mislead consumers.
The French decree was challenged by the European Vegetarian Union, the Vegetarian Association of France, the association Proteines France, and the company Beyond Meat. In 2023, these entities requested the French Council of State to annul the decree, claiming it contradicted EU-wide regulations. The matter was subsequently referred to the ECJ.
The ECJ ruling emphasizes that EU law “adequately protects consumers” even in situations where “the sole component or ingredient which they may expect to find in a food designated by a customary name or a descriptive name containing certain terms is wholly replaced.”
The EU court clarified that its decision does not impact a member state’s right to enforce consumer protection rules when marketing is considered misleading.
France was the first EU nation to introduce measures against plant-based meat labels, citing a need for increased transparency amidst growing demand for vegetarian and vegan products.
Last year, Italian lawmakers also targeted the plant-based industry, proposing a ban on the production and sale of cultivated meat.
Rafael Pinto, EU policy manager at the European Vegetarian Union, commended the ECJ decision, stating in a press release: “This marks an important step in guaranteeing that consumers have accurate and transparent information about the products they purchase.”
The ruling will also “discourage other EU countries from attempting to enforce name bans that are ultimately counterproductive, self-damaging, and create greater consumer confusion,” he concluded.