Vegan Bacon back on the French shelves

After two years of uncertainty, plant-based food lovers can rejoice: soy steaks, corn bacon, and lentil sausages are set to return to French supermarket shelves. Despite attempts by French legislators to ban the use of animal-related terms for plant-based products, these efforts have been overturned by both French courts and the Court of Justice of the European Union (“CJEU”).

Context: the French Law behind the ban

In June 2020, France passed Law No. 2020-699 on the transparency of agricultural and food product information. The law mandates clear, accurate, and accessible labeling to inform consumers about the origin, production methods, and environmental impact of food products. 

Codified in Article L. 412-10 of the Consumer Code, the law specifically prohibits the use of names traditionally used for animal-based foods (like "steak" or "sausage") for products containing plant proteins, notably to avoid consumer confusion regarding the composition of these foods.

To implement this, Decree (No. 2022-947) of June 29, 2022, was introduced. It sought to ban the use of terms such as "steak" or "bacon" for plant-based foods, establishing a threshold for the amount of plant proteins that would trigger the ban, and setting penalties for non-compliance.

Legal challenges to the ban

Following the decree’s publication, the consortium Protéines France challenged its legality before the Conseil d'État (France’s highest administrative court), arguing that it violated Regulation (EU) No 1169/2011 (FIC Regulation), which aims to harmonize food labeling and prevent consumer confusion.   

On July 27, 2022, the Conseil d'État suspended the decree and in July 2023, it referred questions for a preliminary ruling to the CJEU, asking whether EU law prevents Member States from adopting national rules banning animal-based terms for plant-based products. The two key questions referred to the EU Court concerned the interpretation of the FIC Regulation:

1. Does Article 7 harmonize the use of names for animal origin products (such as those from butchers, charcuteries, or fishmongers) for foods based on plant proteins, thereby preventing Member States from adopting specific national regulations?
2. Does Article 17, which stipulates that a food must be designated by its usual or descriptive name in the absence of a legal designation, also prohibit Member States from banning the use of animal origin terms for plant-based products, even if the latter completely substitute animal-derived ingredients?

These are the points on which the CJEU recently had to rule (see below).

A New Decree and continued legal battles

Despite the request for a preliminary ruling pending before the CJEU, the French legislator issued a new Decree in February 2024, which was nearly identical to the suspended 2022 decree. 

As further described in our article related to the previous episode of this saga, the new decree again prohibited the use of terms like "steak" and "fillet" for plant-based products. 

The new decree applied only to products made in France; it did not apply to products legally made in other EU Member States or third countries from being placed on the French market, even if they did not meet the Decree’s restrictions. Despite this, the decree faced strong opposition. Stakeholders like the European Alliance for Plant-Based Foods and the European Vegetarian Union argued that the Decree created trade barriers and hindered competition. 

In April 2024, the Conseil d'État suspended the new Decree after appeals from affected companies (decision).  

The CJEU's ruling: France’s ban overturned

On 4 October 2024, the CJEU ruled that France could not ban the use of animal-based terms for plant-based products unless a legal designation for plant-based proteins was established. 

By interpreting Articles 7, 9, and 17 of the FIC Regulation, the CJEU emphasised three essential rules regarding the naming of products:

1.  Any food must have a name, which has to be its legal name where such name exists. In the absence of such legal name, the name of the food shall be its customary name, or, if there is no customary name or the customary name is not used, a descriptive name. 
2. The chosen name must not mislead the consumer, taking the ingredients into account in this analysis.
3. These rules apply equally to the marketing and promotion of products, as expressly prescribed by Article 7(4) of the FIC Regulation.

The Court went on to underline that Member States cannot impose blanket bans on descriptive names like "vegetable steak" in the absence of a legal name.

The CJEU further noted that while Member States can impose sanctions for failing to comply with food regulations, they cannot set thresholds for plant proteins to allow the limited use of meat-related terms, as this would circumvent EU rules.

What’s next for France?

Following the CJEU's decision, France must either abandon its attempt to prohibit these terms or create specific legal designations for plant-based products. The Conseil d'État has yet to take a final position, but it seems likely that the CJEU’s ruling will lead to the annulment of Decree 2022-947. The debate over food labeling transparency continues, and the future of plant-based product marketing in France remains to be seen. 

The CJEU ruling marks a significant victory for plant-based food producers, ensuring that terms like “vegan bacon” can be used without legal hurdles. However, the journey is far from over, and the positioning and communication of plant-based products will continue to present intricate challenges. Our food law team stands ready to provide expert guidance and support in navigating this dynamic landscape.