Should a Greek start-up exporting fava beef burgers to France expect challenges on how the product is labeled?
In 2017, the Court of Justice of the European Union issued a ruling that still echoes across the food industry. In Verband Sozialer Wettbewerb v TofuTown, the Court declared that plant‑based drinks cannot be marketed under terms like “milk”, “cheese”, or “yogurt,” unless these uses are explicitly permitted by EU law. The reasoning was grounded in consumer protection and the need to maintain clarity in labeling.
The effects were visible in everyday shopping. Supermarkets across Europe began relabeling almond milk as “almond drink,” whereas dairy alternatives were moved away from the refrigerated dairy section and placed near long-life drinks.
That decision set a clear line for dairy alternatives, but in recent years debate has shifted toward plant‑based “meat” products. Some Member States and lobbyists seek restrictions on terms like “veggie burger,” “vegan sausage” or “plant steak,” arguing they mislead consumers. Yet in a 2024 ruling (Protéines France), the CJEU made it clear that language restrictions cannot be broadly imposed. The Court emphasised that if a term is not legally reserved, it cannot simply be banned and that any prohibition must rest on objective legal definitions, not market preference.
Looking ahead, the European Parliament is poised to debate further restrictions during the upcoming plenary session this week. Proposed amendments may seek to tighten definitions around meat and dairy analogues and impose additional labeling constraints on plant‑based foods.
For legal practitioners and food innovators the message is clear: naming rights hinge on harmonised definitions, but can also be shaped by strong lobbying efforts. So any startup marketing “vegan burgers” should closely track these developments, as in today’s single market, success depends not only on creativity but also on anticipating how political pressure may influence future EU rules.