Food law is an area in constant and rapid evolution. By its very nature, it must continuously adapt to scientific progress and to the emerging needs of consumer protection arising from new technologies and commercial practices. At the same time, it is an area in which policymakers must balance tradition and innovation, two objectives that are often seen as conflicting.
Against this background, recent legislative developments at EU level concerning the naming of plant-based foods – currently, one of the most controversial issues in the food sector, which I have already the opportunity to discuss on this blog, and, and elsewhere – deserve renewed attention.
Plant-based foods, which are products composed mainly of vegetable proteins, position themselves on the market as alternatives to animal-derived products, appealing to consumers who follow vegetarian or vegan diets, or who prefer them for environmental or sustainability reasons.
Currently, under EU law, Regulation (EU) No 1308/2013 already restricts the use of terms such as “milk,” “cream,” and “butter” for plant-based products, reserving these names exclusively to dairy products.
In July 2025, the European Commission presented a legislative proposal, now under discussion, aiming to extend this legal protection to designations used for meat and meat products. According to the proposal, terms such as “breast,” “wing,” “thigh,” and “bacon” could in the future be used only for products of animal origin. The European Parliament, which debated a similar proposal last month, expressed broad support for the initiative, but preferred a general prohibition on the use of such names in plant-based foods as opposed to an exhaustive list of protected terms, as suggested by the Commission.
In light of this proposal, it is important to consider to what extent this future legislation aligns with the most recent case law of the Court of Justice of the European Union (CJEU) on the naming of plant-based products. After the ruling in the TofuTown.com case, which concerned names reserved for dairy products, the CJEU decided, at the end of last year, the Protéines France case, which bears direct relevance for the designations of meat products.
In that case, the CJEU examined a French decree that sought to restrict the use of terms traditionally used for meat, charcuterie, and fish products. The Court held that both national and European legislators can regulate only the “legal names” of food products, in accordance with Article 2(2)(n) of Regulation (EU) No 1169/2011 – that is, names that define specific characteristics and quality standards for such products by law. By contrast, they cannot prohibit the use of common designations that are based solely on commercial or market practices.
In this sense, the legislative proposal currently under discussion, by targeting common terms such as meat cuts or – according to the European Parliament’s position – “burger” or “sausage,” for which no specific legal names exist at EU level, does not seem consistent with the interpretation rendered by the CJEU in Protéines France.
To fully comply with the CJEU’s reasoning, the EU legislator would need to craft more detailed definitions for those meat products that require legal protection under EU law because of the perceived risk of confusion with plant-based alternatives. National legislation already offers several examples from which the EU could draw inspiration. In Italy, for example, legal names have long existed for “prosciutto cotto“ and “prosciutto crudo stagionato“, while the same protection has recently been extended to other cured meats, including “bresaola“ (Decreto interministeriale 8 agosto 2025 – Disciplina dei salumi).
It remains now to be seen how this proposal will evolve during the European legislative process. Regardless of this outcome, given that the plant-based foods represent an economically significant market segment in the EU, it is surprising that the proposed changes were not preceded by a public consultation or an impact assessment, in line with the European Commission’s own Better Regulation guidelines. From a business perspective, the new restrictions would apply immediately, since no transitional periods are currently foreseen. This would mean that existing labels would have to be discarded and new ones printed almost overnight, with obvious negative consequences for both companies and the environment.
The key question here at stake is ultimately whether consumers are genuinely at risk of being misled by meat-sounding terms used for plant-based products. On this point, there seems to be extensive consumer research and several years of market experience across the EU that would suggest otherwise. Considering the broader context, this appears to be yet another political attempt to curb the sustainability ambitions that the European Commission set out for the EU agri-food chain with the adoption of the Farm-to-Fork Strategy only a few years ago.
