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Tofu Steaks? Developments on the Naming and Marketing of Plant-based Foods in the Aftermath of the TofuTown Judgement

The report addresses developments on the naming and marketing of plant-based foods in the aftermath of the judgment of the Court of Justice of the European Union (CJEU) in Case C-422/16 Verband Sozialer Wettbewerb eV v TofuTown.com GmbH (TofuTown). France is currently considering banning “meaty” names like steak, filet, bacon or sausage for plant-based foods and introducing a list of protected denominations for meat products. After the adoption by the French National Assembly (Assemblée nationale) of an amendment to this effect, the Draft law for the balance of commercial relations in the agricultural and food sector and a healthy and sustainable food (Projet de loi pour l’équilibre des relations commerciales dans le secteur agricole et alimentaire et une alimentation saine et durable), currently under consideration by the French Parliament, contains a provision that aims to regulate the naming of plant-based food products. If adopted, denominations associated with products of animal origin may no longer be used to market food products containing a significant proportion of plant-based materials. The details would be elaborated at a later stage through implementing acts. At the same time, EU dairy industry associations have been urging the EU to continue to ensure that dairy products are protected against misleading sales descriptions of plantbased foods in EU legislation and the future Common Agricultural Policy. Arguably, the existing provisions of the EU’s Food Information Regulation, Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers (hereinafter, FIR) provide sufficient legal basis to protect consumers from being misled by denominations for plant-based meat alternatives, if those are also denominated “vegan” or “vegetarian”. Defining both terms is currently debated at the EU level, while in Germany definitions were established in 2016. This report concludes that establishing a list of reserved terms