The manufacturers of plant products finally obtained the case. They will be able to use the words “steak”, “sausage” and other terms of butchery, judged the Council of State on Tuesday, following a judgment in this sense rendered in October by the Court of Justice of the European Union (CJEU).
The Council of State canceled two decrees taken in 2022 and 2024 by the government on Tuesday, which intended to consolidate animal sectors by prohibiting the use of these names to manufacturers of vegetable protein products. “France cannot prohibit the use of usual names of animal foods to market food containing vegetable proteins,” decided the highest administrative jurisdiction.
Seized by companies and professional associations, the Council of State interviewed the CJEU before deciding. According to the European Court, the EU member states cannot enact national measures regulating or prohibiting the use of usual or descriptive names, except to have adopted a legal name specific to a commodity.
“Vegan sausage”, “vegetarian bacon”
In accordance with this judgment, the Council of State judges illegal French decrees which prohibited the use of usual or descriptive names, made up of terms from the nursers of butcher, charcuterie and fishmonger, to describe, market or promote Curks with vegetable proteins, explains the jurisdiction.
After the vote of a law in 2020, the government had published these two decrees to respond to an already old claim of actors in the animal sector, for whom terms like “vegetable ham”, “vegan sausage” or “vegetarian bacon” can create confusion among consumers. These two texts had been immediately disputed by representatives of the plant and vegan products sector, and had been suspended in summary proceedings pending the decision on the merits.
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