Vegan
Cream cheese
allowed?
Vegan
Cream cheese
allowed?
from
Only recently, the ECJ ruled(we reported) that only animal products may be referred to as “milk, cheese, butter or yoghurt”. Use for purely plant-based products is not permitted. But what about the term “like cream cheese” for a vegan spread?
Vegan cream cheese
A company that sells vegan spreads in various flavors, among other things, was sued for injunctive relief. The products had the words “soy-based spread” on their side labels and the words “like cream cheese” on the lids of the packaging. The word “like” was printed in a smaller font than the word “cream cheese”. In addition, the lid contained the words “without milk”, “made from soy”, “vegan” and “lactose-free”.
The plaintiff is of the opinion that the use of the word “cream cheese” for the vegan products is anti-competitive .
The court’s decision
The Regional Court of Constance ruled in favor of the plaintiff and condemned the food company with Judgment of 22.06.2017 – Ref. 7 O 25/16 KfH .
The court confirmed that the term “cheese” may, in principle, only be used in the ECJ for products that are dairy products, thereby following the ECJ. However, the food company used the term “cheese” here for vegan foods. The fact that the products were labeled with “soy-based spread” and the addition “like” did not change the infringement. Consumers could still be misled if they assume a dairy product based on the packaging.
In addition, non-dairy products must not give the impression that the product is a dairy product.
Conclusion
Caution is required when presenting food products. Particular caution is required when describing vegan substitute products.
We will be happy to provide you with legal advice on this.
We are happy to
advise you about
Competition law!
