CJEU: Veggie burgers can be called burgers
Member states may not prohibit the use of names associated with animal-based products for plant-based foods if there is no specific legal definition of such names. Thus, according to the Court of Justice of the EU (CJEU), it is not possible to generally ban the use of labels such as "steak" or "sausage" for plant-based products.
The French government had issued a regulation aiming to ensure clearer food labelling and protect consumers from misleading information. The regulation banned the use of names traditionally associated with meat products even where it was clearly stated that the products were plant-based, such as 'soya steak' or 'veggie sausage'. The European Vegetarian Union and other bodies challenged the regulation before the French Conseil d'État.
The Conseil d'État referred to the CJEU to interpret whether such a ban is compatible with EU law. In its decision, the CJEU stated that EU law lays down uniform rules to protect consumers from misleading designations. Member states can then adopt further rules to protect consumers with regard to food names but must at the same time set the conditions for the use of certain names (including, for example, meat content).
According to the CJEU, it is not possible to introduce a general ban on the use of traditional names (e.g. steak, burger, sausage) for plant-based products unless these names are clearly defined by law. Member states thus cannot restrict the use of traditional names unless there is a clear legal definition and they are misleading. This was not so in the French case, and French regulation was therefore contrary to EU law.
This decision could have a major impact on the sale of vegetarian alternatives to popular dishes and could lead to changes in relevant legislation in individual member states.