Let them eat burgers – veggie ones that is

Case C-438/23, Protéines France and Others

Earlier this month, the European Union’s Court of Justice (CJEU) ruled that food made from plants can legally be marketed as “burgers” and “sausages” – so long as the composition of the product is clear and accurate.

In a case which will likely be debated at barbecues around the world, a French law sought to restrict the use of ‘meat-like’ terms for vegetarian and plant-based alternatives. Several plant-based and vegetarian organisations, including Beyond Meat, and, the French Association Protéines France, claimed that the law conflicted with EU food labelling regulations. The CJEU supported the claim, stating that consumers can make informed choices as long as product labels clearly indicate the content. However, the court also noted that member states retain the right to take action if labelling is found to be misleading.

This ruling is significant for the plant-based food industry across the EU, allowing companies to continue marketing their products using familiar, meat-associated names, a move seen as supporting consumer choice and clarity. The decision will have broader implications for other EU countries considering similar restrictions, like Italy and Belgium.

The decision does not affect the UK directly, except for the requirement that products must be clearly labelled for consumers. The UK government now has the choice to either align with or diverge from this ruling, and it is currently reviewing its guidelines for plant-based foods. Meanwhile, the debate is sure to carry on at barbecues around the world.

For more discussion related to alternative proteins (plant-based meat | cultivated meat | insect protein), explore our Inside Green Innovation: Progress Reports.

For more discussion of food labelling, discover our related article on a recent case concerning oat-based drinks: https://www.appleyardlees.com/oatly-loses-battle-of-the-oat-drinks/

Robert Cumming