CJEU rules Member State “veggie burger bans” not allowed
European Union
Oct 04, 2024
The Court of Justice of the European Union (CJEU) has established that vegetarian products can use terms such as steak, sausage, escalope and burger, provided that a country has not established a specific legal name for a vegetable protein-based food.
In its judgment, the Court of Justice holds that EU law establishes a rebuttable presumption that the information provided in accordance with the detailed rules laid down by Regulation No 1169/2011 adequately protects consumers, including 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. It states that a Member State may indeed adopt a legal name, 3 which consists in associating a specific expression with a given food.
However, a measure limited to prohibiting the use of certain terms for the purpose of designating foods with certain characteristics (composition, etc.) does not amount to a measure under which foods must satisfy certain conditions in order to be designated by terms used as a legal name. Only the latter measure makes it possible to ensure the protection of the consumer, who must be able to proceed on the assumption that a food designated by a given legal
name is in compliance with the conditions specifically laid down regarding the use of that name.
For further information (in English), click on the Link
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