The Yuka app was convicted of defamation and unfair business practices by the Paris Administrative Court. It was sued by the French federation ofcharcuterie and sausage industries(Fédération des entreprises françaises de charcuterie-traiteur – FICT) because of its positions on nitrites and nitrates.
The Paris Tribunal thus censured freedom of thought on preservative additives traditionally used in meat products but the subject of several scientific studies highlighting possible health contraindications associated with their intake.
Yuka app, an ‘inconvenient’ tool
Installed on your smartphone, the Yuka app allows you to check the nutritional quality of foods at a glance, as we have seen. In fact, it attributes to an extraordinary variety of food products the Nutriscore score-which considers the values of kcal, fat and saturated fat, sugar and salt/sodium (as well as those of protein, dietary fiber and micronutrients). As well as pointing out the presence of controversial additives, including in cosmetics, and favoring organic foods. (1)
In the case of nitrites and nitrates, which are often added in meat preparations as preservatives or to maintain the pink color of meat, the app Yuka’s judgment is decidedly negative. These preservatives-recognizable on the label by the abbreviations E249 (potassium nitrite), E250 (sodium nitrite), E251 (sodium nitrate) and E252 (potassium nitrate)-are classified by the app as ‘very hazardous‘ and ‘to avoid‘.
Nitrites and nitrates, the petition in France
The judgments made by the Yuka app on certain food additives in various products are not based on ‘hearsay,’ being instead accompanied by appropriate references to the scientific bibliography highlighting their possible criticality for consumer health (e.g., ‘I’m not sure if I’m going to be able to use them. ANSES, EFSA, etc.). In the case of nitrites, studies cited refer to the possible increased risk of colorectal cancer and blood diseases. In fact, IARC, the International Agency for Research on Cancer, classified them as probable carcinogens (2A) in 2015.
On all products that contain nitrites and nitrates, it also offers a link to the petition sponsored by the independent consumer association Foodwatch, the French League AgainstCancer (Ligue contre le cancer), and the Yuka app itself. This initiative was launched in 2019 and has already collected more than 342,000 signatures, with the goal of obtaining a ban on the use of these preservative additives. (2) A topic under discussion in the French Parliament, among others.
Nitrites and nitrates, the alternatives available
Preservation of meat products (e.g., cooked meats) without nitrites and nitrates has been made possible and has become a market reality in recent years. Thanks to applied research on the combined action of natural preservatives derived from plants (e.g. extracts of rosemary, prickly pear, etc.) and enzymes or microbial starters.
However, the European Commission, although it has funded two special research projects in this regard (Phytome 1 and 2), has not taken a position consistent with public health objectives with a view to their use. Precisely because of the unreasonable resistance of some of the lobbies of large-scale sausage producers, evidenced in the present case by the attack on the Yuka app. Which was in fact sued for failing to respond to the French association’s claim to remove the link to the petition and references to the harmfulness of nitrates and nitrites.
The reasons for the conviction
According to the judges of the Paris Administrative Court, Yuka’s aforementioned activities would constitute an unfair business practice and defamation of charcuterie makers. he young owners of the app were thus ordered, on 25.5.21, to pay 20 thousand euros in damages to the sausage producers’ association. For expressing one’s free thought that is based on studies and scientific opinions of the authorities in charge of food safety risk assessment. (3)
Defamation would arise, according to the Paris judges, because Yuka provides a judgment designed to dissuade consumers from buying products containing nitrites and nitrates. Although such additives are still permitted in Europe to prevent botulism and other toxins indicated as more serious risks than those related to the intake of such preservatives in excessive amounts.
As a result, Yuka is also accused of engaging in an unfair trade practice. Argued the judges, ‘According to Article L121-1 of the French Consumer Code, a commercial practice is unfair when it materially alters or is likely to materially alter the economic behavior of a normally informed and reasonably observant and knowledgeable consumer with respect to a good or service.’ To no avail is the evidence that Yuka is not a competitor to charcuterie.
A new gag?
The ruling against Yuka deserves reflection. If advising against the consumption of substances that are authorized but considered dangerous by the scientific literature is defamation and an unfair trade practice, the right of opinion and consumer protection are at an end.
Should such arguments find confirmation in the higher levels of judgment, paradoxically, the same French consumer associations-which have been publishing comparative tests to guide purchasing choices for decades-would be exposed to the risk of damages awards. Precisely in the country where the Jacobin Revolution proclaimed Liberté as the incipit of its motto.
AAA Justice Wanted. Yuka app appeals
The founders of the Yuka app, whom we interviewed, say they have already appealed the administrative court’s ruling to the Paris Court of Appeals.
‘Yuka regrets that the arguments of industry lobbies have taken precedence over consumer information and advocacy. We remain calm and confident that justice will be restored on appeal.’
The reaction of French consumers
On the matter, the two major French consumer magazines take a different approach.
60 million de consommateurs
reports the news and reiterates the dangerousness of nitrates and nitrites. Without blatantly siding with Yuka, he reminds that a substance deemed safe by EFSA but dangerous by the scientific literature could suddenly turn out to be ‘outlawed,’ as happened with titanium dioxide on 6.5.21. (4,5)
Que Choisir
, on the other hand, maintains a cautious approach. Perhaps for fear of falling into the crosshairs of industrial lobbies, the magazine had limited itself to noting, in last December’s issue, the lobbying by charcuterie makers against the anti-nitrate and nitrite petition promoted by Foodwatch, French League Against Cancer and Yuka. (6)
Marta Strinati and Dario Dongo
Notes
(1) SEE https://www.greatitalianfoodtrade.it/consum-attori/arriva-in-italia-yuka-la-app-che-smaschera-gli-alimenti-squilibrati,
(2 ) SEE https://www.foodwatch.org/fr/sinformer/nos-campagnes/alimentation-et-sante/additifs/petition-stop-aux-nitrites-ajoutes-dans-notre-alimentation/
(4) See the interview with ISS researcher Francesco Cubadda, https://www.greatitalianfoodtrade.it/salute/stop-al-biossido-di-titanio-intervista-a-francesco-cubadda-esperto-iss
(5) Patricia Chairopoulos. Nitrites dans la charcuterie: l’appli Yuka condamnée. 60 million de consommateurs. 8.6.21 https://www.60millions-mag.com/2021/06/08/nitrites-dans-la-charcuterie-l-appli-yuka-condamnee-18743
(6) Sels nitrités Les recettes indigestes des charcutiers. Quechoisir 3.12.20 https://www.quechoisir.org/actualite-sels-nitrites-les-recettes-indigestes-des-charcutiers-n85923/
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".
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
