Court of Justice clarifies limits on national restrictions for plant-based food labelling (Protéines France and others)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

EU law analysis: On 4 October 2024, the Court of Justice ruled in Case C-438/23 that EU law precludes Member States from adopting national measures that prohibit the use of meat-related terms for plant-based products unless a legal designation for such products is established. The Court held that the harmonisation provided by Regulation (EU) No 1169/2011 on food information to consumers (FIC Regulation) prevents Member States from setting thresholds for plant proteins to allow limited use of meat-related terms. This decision is significant for practitioners in food law and consumer protection, as it underscores the primacy of EU regulations in ensuring consistent consumer information and preventing market fragmentation. The ruling also highlights the need for clear legal designations to avoid misleading consumers while promoting fair competition in the food industry. Written by Nicolas Carbonnelle, partner at Bird & Bird LLP.