ECJ overturns French ban on words like ‘steak’ or ‘bacon’ to describe plant-based food.
The European Court of Justice (ECJ) determined on Friday, October 4, that a French regulation banning the use of terms such as ‘steak’ or ‘filet’ for plant-based products is in violation of EU law. The court’s rationale potentially paves the way for similar prohibitions at the national level through alternative approaches.
The European Court of Justice has issued a setback to a French law enacted in 2022 that prohibits the marketing of plant-based foods using names typically linked to animal-derived products. The decision is a direct reaction to a decree issued by the French government in 2023, which aimed to prohibit the use of certain terminology on packaging for plant-based meat products, prompted by a request from the livestock farming industry. The highest court in France suspended the legislation after a complaint was filed by the European Vegetarian Association (EVU), the Association Végétarienne de France, and the prominent company Beyond Meat.
The Conseil d’Etat has submitted portions of the case to the European Court of Justice (ECJ), which has subsequently overturned the ban and remanded the matter back to the French court for a conclusive ruling. The ECJ’s ruling, which allows for exceptions only under narrowly defined circumstances, carries significant consequences for governments and businesses throughout the European Union, potentially saving the plant-based sector millions in costs associated with packaging and marketing modifications.
France has tried to impose a labelling ban on plant-based meat twice. The first time, in June 2022 and second time in September 2023. Italy also entered the ranks of countries aiming to limit the labeling of plant-derived meat products, as legislators suggested prohibiting the production and sale of cultivated meat. This initiative was introduced despite the fact that Italy’s plant-based market was valued at more than 640 million euros and experienced a growth of 16% from 2021 to 2023.
The introduction of legal names for various animal-derived food products would likely be a lengthy and complex undertaking, potentially leading to additional harmonization challenges at the EU level. In fact, for Member States to prohibit the use of these terms, it would be necessary to establish legal definitions for them, encompassing what is classified as meat, sausages, or burgers. This could pose significant challenges because of the cultural and language differences that exist, potentially disrupting the single market. For instance, a sausage in Germany may not be the same as one in France, leading to complications for producers trying to sell internationally and causing confusion for consumers.
Rafael Pinto, the EU Policy Manager at the EVU said: “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. 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.”