Answer given by Mr Várhelyi on behalf of the European Commission
27.3.2025
1. The Court of Justice of the EU held that Member States cannot adopt national measures regulating or prohibiting the use of customary names or descriptive names for plant-based products other than legal names. It also held that, in the absence of a legal name indicating — in close proximity to the name of the food — information relating to the replacement of an ingredient or of the sole ingredient of a food is sufficient to protect the consumer from the risk of being misled. This is however a presumption which can be rebutted and if a national authority considers on a case-by-case basis that the actual manner in which a food is sold or promoted misleads the consumer, it may take action against the food business operator concerned[1].
2. The EU has a comprehensive legal framework to guarantee a high level of consumer protection in relation to food information. Regulation (EU) 1169/2011[2] enables consumers to make informed food choices, including on meat products and plant-based products. It sets out rules regarding the provision of mandatory food information, including the list of ingredients, and the requirements that food business operators need to respect when providing voluntary food information. The Commission will continue to monitor the implementation of the current EU legal framework to ensure that consumers are properly informed and will reflect on appropriate solutions to address the scientific and ethical concerns of citizens .
3. In the absence of legal names, the Commission considers a case-by-case approach as appropriate for proper consumer information.