The Court of Justice of the European Union is finally expected to rule-at the request of the Paris Council of State-about the legality of ‘meat sounding’. That is, reference to names of meats and their preparations – e.g., hamburger, sausage, roast, steak, sausage, etc. – to designate ‘plant-based foods,’ vegetarians and vegans.
1) ‘Milksounding’, ‘cheese sounding’ and ‘meat sounding‘. EU rules
Milk sounding, cheese sounding
. The Court of Justice of the EU-in its June 14, 2017 judgment in Case C-422/16 (Verband Sozialer Wettbewerb eV v TofuTown.com GmbH)-clarified the prohibition of using trade names such as ‘vegetable cheese,’ ‘tofu butter,’ ‘vegan cream,’ and the like to present vegetarian and vegan foods. In fact, the Common Organization of Agricultural MarketsRegulation (CMO Regulation EU No 1308/13 as amended) reserves these names exclusively for products derived from the milking of farm animals. (1)
Meat sounding
. The names of meats, meat preparations and meat products, conversely, are not protected by the aforementioned regulation. Associations representing these sectors have proposed introducing a ban on the evocation of such names in labeling and advertising of foods of non-animal origin, but the European Parliament has rejected the idea of establishing harmonized rules in this regard. (2) ‘Meat sounding‘ is consequently lawful, as long as it does not mislead consumers about the nature of the products (EU Reg. No 1169/11, Art. 7.1.a).
2) ‘Meat sounding‘ national bans.
Some national legislators, relying on the absence of harmonized rules, have thus lambasted the idea of banning the evocation of the names of meat and meat products in labeling and advertising of ‘plant-based‘, vegetarian and vegan foods:
– France was the first country to move in this direction, with Decree 2022-947 (3), which, however, never entered into force due to the administrative dispute under consideration (see section 3 below),
– Italy ventures to follow it up, with Bill C. 1324, which also aspires to ban cellular agriculture and is therefore destined for European censure, as noted. (4)
3) Meat sounding, the floor of the EU Court of Justice.
European Vegetarian Union (EVU)-the confederation representing 44 vegetarian and vegan citizens’ associations in the Old Continent, in 28 countries-along with theAssociation Végétarienne de France (AVF) – has filed an appeal with the Council of State in Paris seeking the annulment of the decree by which France tried to ban the meat sounding.
The Conseil d’État therefore referred two questions to the EU Court of Justice-the only official interpreter of European law-to the Court for a preliminary ruling:
– do member states have the right to introduce bans affecting the marketing of goods through national laws that intervene in matters without harmonized rules?
– if member states were actually allowed to introduce such laws, would the French decree in its current form be proportionate to achieving the stated goal of ‘transparency’ in consumer information? (5)
4) Veg Expectations
‘We welcome The Council of State’s decision to ask the European Court of Justice for clarification on food labeling. This is a crucial moment, not only for France but for the entire EU. It is a litmus test for the rights of consumers seeking to make more responsible and informed choices.
‘In a contextof ecological urgency, and in particular climate change, the French government is expected to avoid creating obstacles to the transition to more sustainable food systems and not to bow to pressure from the livestock lobby‘ (Élodie Vieille Blanchard, Association Végétarienne de France, president). (6)
5) Transparency in labeling
‘The outcome of this process will have a significant impact on the labeling of plant alternatives to meat throughout the European Union. It is essential to ensure that consumers have accurate and transparent information about the products they buy, especially as demand for plant-based alternatives continues to grow‘ (Ronja Berthold, European Vegetarian Union, Policy Officer). (6)
Court of Justice of the European Union
(CJEU) recently emphasized in its December 1, 2022 judgment (LSI – Germany GmbH v Freistaat Bayern. Case C-595/21) that the ‘average consumer‘ is ‘normally informed and reasonably observant and circumspect. (7) Perfectly capable, that is, of distinguishing a ‘veg-burger‘ from a ‘hamburger,’ without the need for a corporate nanny-state to sacralize words that have entered the common jargon of the Old World for years.
The European Commission, rather:
– in the 12 years since Food Information Regulation (EU) No 1169/11 has not yet exercised the delegation given to it to define the conditions of use of the terms ‘vegetarian‘ and ‘vegan‘ on food labels (8,9,10),
– stubbornly fails to update the lists of traditionally used foods that, as an exception to the bans on ‘milk sounding‘ and its environs, can carry their names without any ‘average consumer‘ being able to confuse them. (11) From peanut butter to soy or oat milk, etc.
Dario Dongo and Marta Strinati
Notes
(1) Dario Dongo. ‘Cheese sounding’, EU Court of Justice confirms ban. FARE (Food & Agriculture Requirements). 15.6.17
(2) Dario Dongo. ‘Vegan meat’, meat sounding. Big show at the European Parliament. GIFT(Great Italian Food Trade). 23.10.20
(3) Décret n° 2022-947 du 29 juin 2022 relatif à l’utilisation de certaines dénominations employées pour désigner des denrées comportant des protéines végétales V. https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045978360
(4) Dario Dongo. Italy, Senate passes law banning cellular agriculture and ‘meat sounding’. GIFT(Great Italian Food Trade). 24.7.23
(5) Conseil d’État – 9ème et 10ème chambres réunies 12 juillet 2023 / n° 465835 https://www.dalloz.fr/documentation/Document?id=CE_LIEUVIDE_2023-07-12_465835#_
(6) Le Veggie Burger devant la Cour de Justice de l’Union Européenne. AVF. 7/31/23 https://www.vegetarisme.fr/communiques/le-veggie-burger-devant-la-cour-de-justice-de-lunion-europeenne/
(7) Main field of view, front or back label? Lawyer Dario Dongo answers.. FARE(Food & Agriculture Requirements). 20.8.23
(8) Dario Dongo. Vegetarian and Vegan. GIFT(Great Italian Food Trade). 22.8.17
(9) Dario Dongo. Vegetarian and vegan, another bluff from Brussels. GIFT(Great Italian Food Trade). 7.11.17
(10) Dario Dongo, Andrea Adelmo Della Penna. ISO 23622:2021, Veg, vegetarian and vegan food labeling criteria. GIFT(Great Italian Food Trade). 22.3.21
(11) Peanut butter? Lawyer Dario Dongo answers.. FARE(Food & Agriculture Requirements). 25.3.23
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
Professional journalist since January 1995, he has worked for newspapers (Il Messaggero, Paese Sera, La Stampa) and periodicals (NumeroUno, Il Salvagente). She is the author of journalistic surveys on food, she has published the book "Reading labels to know what we eat".
