A drink with juniper but without alcohol – can you call it gin? No, says the European Court of Justice. This could mislead consumers.
Melanie Rannow / t-online
A company in Germany marketed a drink under the name “Virgin Gin Alcohol-Free”. It looked like gin, tasted similar and contained flavors of juniper berries, but no alcohol. The European Court of Justice (ECJ) has now decided that this is a clear violation of EU law Luxembourg.
Gin Tonic: It is traditionally served with ice and lemon or lime.Image: Shutterstock
The Association of Social Competition, which advocates fair labeling in the food trade, sued. The consumer advocates cited an EU regulation that precisely defines what can be considered gin. In addition to the typical juniper aroma, it stipulates a minimum alcohol content of 37.5 percent – and that was missing here.
Clear case of misleading?
The case initially ended up in the regional court Potsdamwhich, however, was unsure how to interpret EU law. It referred the question to the ECJ and received a clear answer.
Accordingly, a drink without alcohol may not be sold under the term “gin”, even if it tastes or looks similar. Even the addition “alcohol-free” doesn’t change anything. According to the court, there is a risk that consumers will mistakenly consider such a product to be a variant of the original, even though legally it is in a completely different category.
What constitutes gin according to EU law
Gin is one of the protected spirits in the EU. This means that anyone who calls a drink that must meet certain criteria. Not only the alcohol content is important, but also the production. Gin is created by flavoring ethyl alcohol of agricultural origin, i.e. alcohol obtained from grain, with juniper and other plant ingredients, also known as botanicals.
A drink without alcohol cannot meet these requirements. Therefore, the term “non-alcoholic gin” is not permissible in the court’s view.
Entrepreneurial freedom not violated
At the same time, the Luxembourg court emphasized that the regulation does not represent a restriction on entrepreneurial freedom. The company in question is allowed to continue to sell its drink, just not under the protected name “Gin”.