News 25.06.2026

Legal Analysis: EU Countries Can Make Nutri-Score Mandatory

  • Traffic light labels
Die Lebensmittelampel, auch Nutri-Score genannt, auf einem Lebensmittelkarton aufgedruckt

A new legal memorandum commissioned by foodwatch shows that EU Member States can make Nutri-Score mandatory at national level. Now governments that already support the label voluntarily should take the next step and require it on all food products.

As long as Nutri-Score remains voluntary, food companies can decide for themselves if and when they want to show consumers the nutritional quality of their products on the front of the pack. That has to change. 

A new legal memorandum commissioned by foodwatch concludes that EU Member States can make the case for mandatory Nutri-Score labelling at national level — and that doing so is compatible with existing European Union food information law.

Together with the legal memorandum, foodwatch has launched a public petition addressed to countries that have already introduced Nutri-Score on a voluntary basis, including EU member states Germany, France, Belgium, the Netherlands, Spain and Luxembourg. These governments should stop waiting for the EU and make Nutri-Score mandatory in their countries now.

Voluntary labelling is not enough

Nutri-Score gives consumers simple, colour-coded information about the nutritional quality of food — from A to E. But the label only works properly when it appears on all comparable products.

Today, manufacturers can choose whether to display it. That means companies can use Nutri-Score when it makes their products look good — and leave it off when it does not.

As long as Nutri-Score remains optional, food manufacturers can simply choose not to use it – consumers make quick decisions at the supermarket shelf and studies show that Nutri-Score is one tool that makes those decisions healthier.
Suzy Sumner Head of Brussels Office

The legal path is open

For years, governments have argued that EU law prevents them from making Nutri-Score mandatory at national level. The new memorandum, written by legal expert Dr Nikhil Gokani, challenges this claim.

The analysis examines whether a national law requiring mandatory Nutri-Score labelling would be permissible under EU law, in particular under the Food Information to Consumers Regulation, known as the FIC Regulation.

Its conclusion is clear: because front-of-pack nutrition labelling has not been specifically harmonised at EU level, Member States are not precluded from introducing mandatory national requirements — provided these meet the conditions set out in the FIC Regulation and relevant Treaty provisions.

Under EU food information law, national measures must be accurate, non-misleading, clear, easy to understand, proportionate and necessary to achieve their public health objectives. The memorandum concludes that a Member State is not precluded from adopting a national law requiring mandatory Nutri-Score, and that Nutri-Score is a label that could satisfy these requirements.

Mandatory Nutri-Score is a proportionate way to give consumers accurate and easy to understand nutrition information. It supports the long-standing EU law principle that food information should enable informed food choices and helps secure consumers’ right to information,
Dr Nikhil Gokani Legal expert

Political will, not legal barriers, is the obstacle

The memorandum makes clear that the main barrier is no longer legal uncertainty, but political will. Governments that already support Nutri-Score voluntarily now have the opportunity to act. In the absence of a harmonised EU-wide front-of-pack nutrition label, mandatory Nutri-Score at national level would be a powerful tool to help consumers compare products at a glance and make more informed choices.

With obesity and diet-related diseases on the rise, national governments need to prioritise public health over the profit interests of large food corporations.

Nutri-Score is under attack from industry

The need for political action is becoming more urgent. The current Lactalis case shows how strongly parts of the food industry are fighting Nutri-Score.

The French dairy company Lactalis, one of the largest in Europe, recently lodged a complaint with the French Council of State, claiming that Nutri-Score was incompatible with the EU regulation on food information to consumers. The case will be referred to the Court of Justice of the European Union.

This is another reason why governments must act. If the label remains voluntary, companies can continue to cherry-pick transparency. 

Make Nutri-Score mandatory now!

Consumers have a right to clear, comparable and easy-to-understand information about the nutritional quality of food. Governments should no longer hide behind legal uncertainty. The law allows action — now ministers must show the political will.

Sign now!

Sources and further information