IN BREVE
- The Court of Justice of the European Union has ruled that a non-alcoholic beverage cannot be marketed as ‘Gin’.
- The term ‘Gin’ is reserved for alcoholic products with a minimum strength of 37.5% and flavored with juniper berries.
- The decision does not limit freedom of enterprise, but seeks to avoid consumer confusion and ensure transparency.
- The ruling follows previous European Union interventions on reserved terms for plant-based meat alternatives and dairy products.
- For the spirits sector and NOLO beverages, this ruling may require new communication strategies and redefinition of product names.
A non-alcoholic beverage cannot be marketed as “Gin”. This was ruled by the Court of Justice of the European Union in case C-563/24, which pitted a German association for combating unfair competition against PB Vi Goods, producer of the beverage “Virgin Gin Alkoholfrei“. The judges noted that the designation “Gin” is legally reserved for an alcoholic product made from ethyl alcohol of agricultural origin flavored with juniper berries and with a minimum strength of 37.5%. A non-alcoholic product therefore does not meet the legal requirements.
THE COURT: NO VIOLATION OF FREEDOM OF ENTERPRISE
The Court clarified that the ban does not affect freedom of enterprise as provided by the EU Charter of Fundamental Rights. The company remains free to market the beverage, but cannot use a legally reserved designation. The objective is to avoid confusion about the nature of the product and ensure consumer transparency.
The decision comes after the European Union’s recent intervention on plant-based meat alternatives. The amendment banned the use of “meat sounding” terminology for plant-based products, reserving the use of words like “burger”, “sausage”, “steak” exclusively for products of animal origin. Here too the objective is to protect consumers from confusion and safeguard the authenticity of meat-based products. A ban already previously in place for typical dairy product designations such as milk for plant-based products (no “soy milk”, to be clear).
A CULTURAL LINE BEYOND THE DISPUTE
The verdict also marks a cultural position: in the age of alternatives and reinterpretations, the European Union reaffirms that on a regulatory level, words define identity and boundaries. It remains to be seen how quickly the decision will take effect and whether it will be extended to the entire spirits sector. For the NOLO (No & Low Alcohol) beverage sector, currently experiencing strong growth, this ruling could force producers to rethink and redefine nomenclatures, packaging and communication strategies.
