Legal expert opinion: Ban on terms such as “veggie sausage” violates EU law
- politics and law
A ban on terms such as “sausage” or “burger” for plant-based products, as demanded by the European Parliament, is not compatible with EU food law. This is the conclusion of a legal opinion commissioned by foodwatch. The international consumer organisation called on the EU to stop the plans. The European Parliament voted in favour of the ban at the beginning of October, the “trilogue” negotiations between Parliament, the Commission, and member states will continue on Wednesday.
"An EU-wide ban on ‘tofu sausages’ or ‘veggie burgers’ is not only absurd, but also illegal. The decision makers meeting in Brussels on Wednesday must stop this nonsense,“ demanded foodwatch’s Suzy Sumner. "Our politicians should advocate for clear and honest food labelling – not for language bans that only benefit the meat industry. No one accidentally buys tofu sausages because they think they are beef sausages."
The legal opinion is based on the EU Food Information Regulation and a ruling by the European Court of Justice from October 2024. In this ruling, the ECJ clarified that while states can specify designations for certain foods, they cannot simply ban product names without first defining which designations apply instead. The clear conclusion of the foodwatch opinion is: "As long as there are no clearly defined (legally prescribed) designations for vegan and vegetarian foods – or no exclusive definition stating that only meat may be called steak, sausage, or schnitzel, bans on the use of individual terms such as steak or sausage for vegan or vegetarian meat substitutes contradict the case law of the ECJ."
The conservative European People's Party (EPP) had tabled the ban proposal in the EU Parliament, led by French MEP Céline Imart. According to the proposal, terms such as “sausage,” “schnitzel,” or “burger” should only be allowed for meat products – because consumers are allegedly confused. However, foodwatch criticised this as a false pretext: in reality, very few consumers feel deceived, and a clear majority rejects a ban, as shown by a representative survey commissioned by foodwatch and carried out in Germany.
The case of milk is different: the EU has clearly defined that only cow's milk may be labelled as such. Plant-based products must be called “oat drink,” for example. However, the European Parliament's proposal fails to provide a clear and consistent definition of terms such as sausage or schnitzel.