From patty to plant-based disk? The European Parliament seeks to reserve meat names for authentic meat products

What Exactly Does the Proposal Entail?

The proposal, known as Amendment 645, forms part of a broader set of reforms within the European Union's Common Agricultural Policy (CAP), aimed at strengthening the position of farmers in the food supply chain. The amendment, which passed with 355 votes in favor and 247 against, stipulates that meat-related terminology must henceforth be exclusively reserved for products of animal origin. The proposal explicitly cites the terms ‘burger,’ steak,’ and ‘sausage’ as examples.

The Parliament justifies its position by invoking the pursuit of transparency in product designations, as enshrined in Article 7 of the Food Information to Consumers Regulation (EU) No 1169/2011 (FIC Regulation). The EP argues that the use of meat names for plant-based alternatives can be misleading unless the product's alternative nature is explicitly and unequivocally stated. Furthermore, the proposal emphasizes that the prohibition contributes to fair labelling practices, safeguards the standing of traditional farmers, and supports European culinary heritage. This approach mirrors existing rules that restrict the use of terms like ‘milk’ or ‘cream’ to authentic dairy products.

Producers Caution Against Confusion

The industry has voiced reservations about the proposal. Producers, such as The Vegetarian Butcher, point out that consumers already possess a clear understanding of the current terms. A 2020 survey by the Dutch public broadcaster AVROTROS, for instance, indicated that 96% of Dutch consumers were aware that a ‘vegetarian sausage’ contains no meat. Furthermore, major retailers like Aldi and Lidl warn that eliminating these established names might paradoxically lead to less informed purchasing decisions. Terms such as ‘bean disk’ or ‘vegan disk’ are deemed to convey little about the product’s function, preparation, or flavor profile. This brings the central legal question to the fore: Does the use of meat nomenclature for plant-based products legally constitute consumer deception?

A Look Back: The 2020 Rejection

It is notable that the European Parliament rejected a similar ban in October 2020. At that time, a broad majority voted against an amendment that sought to prohibit plant-based products from using meat designations. Organizations, including BEUC (The European Consumer Organization) and Eurogroup for Animals, spoke out against the ban. They successfully argued that consumers were not being misled and that such a prohibition would constitute regulatory overreach, negatively impacting sustainability and innovation in the food supply chain.

Legal Position within EU Law

The current proposal involves an amendment to the existing FIC Regulation. While the European Parliament has established its position, the proposal is not yet definitive. The Council of the European Union and the European Commission must still examine the amendment. This will occur under the Ordinary Legislative Procedure (co-decision), where the Parliament and the Council jointly decide on amendments to existing EU legislation following a Commission proposal. Both institutions must approve the amendment, potentially after further modification, before it can become legally binding. For the time being, it remains uncertain whether the prohibition will be incorporated into binding European legislation.

Despite the Parliament's clear direction, a 2024 ruling by the Court of Justice of the European Union (CJEU) highlights the limits of what Member States may prohibit in this context. On October 4, 2024, the CJEU (in Case C-438/23) ruled that a French ban on using meat names for vegetarian products was contrary to EU law. The Court maintained that existing European rules already provide sufficient protection against consumer deception. According to the CJEU, deception must be ‘concrete and demonstrable,’ in line with Article 7 of the FIC Regulation. The ruling confirms that Member States may not introduce a more far-reaching prohibition without evidence of actual consumer confusion, even when terms such as ‘burger’ or ‘sausage’ are used for plant-based products. While this judgment does not automatically block the EU-wide proposal, it is likely to influence the interpretation of any future ban.

National Dimension: The Case of The Vegetarian Butcher

The debate is not new in the Netherlands either. In 2017, The Vegetarian Butcher (“de Vegetarische Slager”) received a warning from the Netherlands Food and Consumer Product Safety Authority (NVWA) for using names like ‘visvrije tonyn’ (fish-free tuna) and ‘gerookte speckjes’ (smoked bacon bits). The NVWA argued that these names were misleading under the Dutch Commodities Act (Warenwet). However, following public outcry and media attention, the NVWA retracted the warning, acknowledging that the complaints primarily concerned the website rather than the product labels themselves.

The legal basis for that warning was rooted, in part, in Article 7 of the Commodities Act Decree on Meat, Minced Meat and Meat Products (Warenwetbesluit vlees, gehakt en vleesproducten), which stipulates that designations such as ‘minced meat’ may only be used for meat products from a specific slaughter animal. This article remains in force but is currently applied with caution regarding plant-based alternatives.

Implications for Your Organization

The proposal is still under consideration and remains subject to potential modification based on feedback from the industry and other stakeholders.

Should it be definitively adopted, it will be implemented via an amendment to the FIC Regulation. Organizations will then be required to verify their products and labels against the revised definitions. The legal implementation of such a Regulation typically includes an adaptation period of at least two years, meaning there will be minimal immediate change to the labelling and marketing of plant-based products. This timeframe allows organizations sufficient scope and time to adjust their labels, marketing strategies, and internal processes.

It is advisable to monitor developments closely. Until then, the vegetarian burger will, for the time being, remain on the shelf—perhaps as a farewell.

About Ploum’s International Trade, Customs and Food Safety & Product Compliance Team

Do you have questions about labelling or other matters related to foodstuffs? The specialists in our International Trade, Customs and Food Safety & Product Compliance Team are ready to assist you. Our extensive experience allows us to provide prompt and effective service. If you have questions about this topic or other issues concerning International Trade, Customs, or Food Safety and Legislation, please contact one of our team members or reach out directly to Marijn van Tuijl (m.vantuijl@ploum.nl).