France raises “meaty” plant-based food labeling case to European Court of Justice

07 Aug 2023 --- The controversy over using meat-related terms for plant-based products has escalated to the European Court of Justice (ECJ). The high court will answer questions raised by the French Council of State and clarify whether the country has the right to introduce its own laws on food labeling.

The European Vegetarian Union (EVU) and the Association Végétarienne de France (AVF) filed a lawsuit against a French decree that bans the use of words such as “burger”, “steak”, “sausage” and “nugget” for foods that do not contain animal flesh.

The decree was adopted in 2020 but it was not implemented as the French courts delayed the implementation last year. The law aims to protect consumers from misleading or confusing labels.

However, the EVU and the AVF argue that the French decree violates EU law and consumer rights.

Moreover, the concept of plant-based labeling using meaty or dairy terms being confusing has come into question in the last few years, with bodies like the UK Alternative Proteins Association saying that removing these terms from packaging would be even more confusing for shoppers.

“The EVU anticipates that the ECJ will uphold the core values of the common market within the EU. By considering the available evidence and applying common sense, we expect the ECJ to recognize that the prohibition of certain words on plant-based alternatives is unwarranted and disproportionate and not only impedes consumers’ understanding of these foods but also hinders overall sustainability efforts,” Ronja Berthold, policy manager at the EVU, tells Food Ingredients First.

Two large clarifications
The EU will need to clarify two questions, according to EVU and AVF. If member states can introduce their additional laws – like France – or if EU-level harmonization prevents them from doing so. The ECJ will also have to rule if the French decree is proportionate in achieving its goal of providing consumer transparency.

The ECJ will also have to rule if the French decree is proportionate in achieving its goal of providing consumer transparency.“The outcome of this court case will have far-reaching implications for the food labeling of plant-based meat alternatives across the European Union. It’s crucial to ensure that consumers have accurate and transparent information about the products they purchase, especially as the demand for plant-based alternatives continues to grow,” details Berthold.

Berthold previously told Food Ingredients First that the use of meaty terms is necessary to describe the taste, texture and preparation of plant-based products.

Resumption of the French case
Once the ECJ provides clarification, the French Conseil d’Etat will resume the court case.

“Currently, plant-based labeling in France remains in a state of suspension as the legislative proposal awaits the ECJ’s answer, followed by the final verdict of the Conseil d’Etat,” Berthold explains.

During this period, consumers interested in choosing more sustainable plant-based options and those curious to explore such products can still benefit from clear labeling, facilitating their understanding of these foods and enabling fair comparisons with traditional meat products.”

Élodie Blanchard, AVF president, also welcomes the ECJ decision.

“This is a pivotal moment, not just for France but for the EU as a whole. This is a litmus test for the rights of consumers who are looking for more responsible and conscious choices.”

“In a context of ecological urgency and climate change in particular, the French government is expected to avoid creating obstacles to the transition toward more sustainable food systems and to refrain from bowing to pressure from the livestock lobbies,” she underscores.

Recurring labeling issue
The battle over the correct labeling of plant-based foods is an on-going issue across multiple countries.

Earlier this year, there were growing concerns over the possibility UK government officials could tighten up labeling rules for dairy-free plant-based alternatives, effectively banning dairy-like terms such as “milk” and “butter.”

However, the Department for Environmental, Food and Rural Affairs of the country told us that the agency was working to enforce current labeling rules and did not mention the possibility of a ban.

The FDA has been reading through hundreds of comments from industry and dairy associations over the use of dairy terms in plant-based products. However, the EVU and the AVF argue that the French decree violates EU law and consumer rights.

“We firmly believe that the FDA’s proposal to include a list of nutrients on the front of the container for plant-based milk alternatives is insufficient as a solution and onerous for consumers. For example, stating how nutrients differ from those found in milk in the manner proposed by the FDA would make it difficult for consumers to do side-by-side comparisons of nutrients in non-dairy beverages and milk and may further confuse consumers,” says Roberta Wagner, senior VP of regulatory and scientific affairs for the International Dairy Foods Association.

Wagner says that the IDFA recommends the FDAC include a simple declarative statement about the nutritional difference between milk and plant-based milk alternatives.

“Consumers should not need an advanced college degree in nutrition to make purchasing decisions,” she highlights.

Opposing this view, the Plant Based Foods Association says that independent studies show “no consumer confusion about the nutritional differences between plant-based milks and cow’s milk.”

“PBFA challenges the necessity of the proposed Nutrient Disclaimers, arguing that existing FDA regulations already require comprehensive nutrient labeling on the Nutrition Facts Panel. The additional disclaimers are seen as redundant and unwarranted, lacking precedent for other food products,” the organization explains.

Meanwhile, in South Africa ProVeg managed to get a reprieve for the countries’ courts to avoid tens of thousands of plant-based products being seized from retailers for containing banned meat-related words and phrases.

By Marc Cervera

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