Abstract

REY HUERGA, Núria. The CJEU confirms firms that plant based products cannot use the term 'milk' because of the rules of protection of the dairy market. But what about consumer interest?. Rev. Bioética y Derecho [online]. 2017, n.41, pp.197-208. ISSN 1886-5887.

On June 14, the Court of Justice of the European Union resolved in a preliminary ruling that the name 'milk' and other denominations of 'dairy products' must be reserved for products of animal origin. The verdict responds to the preliminary ruling proposed by a German Court during the lawsuit between VS W, German business association and TofuTown, a company that produces and distributes vegetarian/vegan foodstuffs.

The Court's ruling indicates that designating a purely plant based product like 'milk' breaks the Union Law to be contrary to the legislation protecting the dairy sector. However, the ruling does not analyze whether these descriptions check the protection of the consumer right to clear, objective and scientifically corroborated food information.

Keywords : plant based products; preliminary ruling; consumer rights; milk; common organization of the markets.

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