Breaking Barriers: EU Court Decision Boosts Transparency in Plant-Based Food Labelling

On October 4, 2024, the Court of Justice of the unión Europea delivered a significant judgment regarding the use of terms traditionally associated with animal products for foods containing vegetable proteins. This ruling has important implications for the interpretation and application of Regulation (EU) No 1169/2011 on food labeling.

In France, several trade associations representing the vegetarian products sector challenged a decree that prohibited the use of terms such as “steak” or “sausage” for plant-based products, even when accompanied by qualifiers like “vegetable” or “soya.” In response, the French Council of State sought clarity from the Court of Justice on the decree’s compliance with EU law.

Key findings from the ruling include:

• Prohibition Reversed: The Court ruled that Member States cannot prohibit the use of terms traditionally associated with animal-origin products to label products containing vegetable proteins.
• Full Harmonization: The Court determined that full harmonization under EU Regulation (EU) No 1169/2011 prevents Member States from setting thresholds for vegetable protein content that restrict the use of terms derived from butchery and charcuterie sectors for vegetable protein foods.
• Legal Names Clarified: While Member States can establish specific legal names for certain foods, a broad prohibition on using certain terms for foods with specific characteristics is incompatible with EU law unless the conditions for using those names are explicitly defined.
• Consumer Protection: Authorities retain the ability to challenge the use of specific names if they believe such names could mislead consumers, but they must demonstrate that the presumption of adequate consumer protection—established by Regulation No 1169/2011—has been rebutted.

This judgment underscores the need for clear and transparent food labeling, ensuring that consumers are not misled by the terminology used for products, especially those made from vegetable proteins.