Subject: Protection of fishery products in the context of misleadingly labelled plant-based food products
A number of manufacturers are selling plant-based food products with advertising and labelling that connects the products with tuna. Examples of trademarks and commercial presentation sowing confusion among consumers include ‘plant-based tuna’, ‘taste like tuna’, ‘vegan tuna’ and ‘vegetarian tuna’. Regulatory precedents exist for other products. Directive 2001/110/EC, for example, protects honey by blocking the labelling of other items, such as Canary Island guarapo, as ‘palm honey’ on the grounds that it is misleading or confusing for consumers. Regulation (EEC) No 1536/92 and Regulation (EEC) No 2136/89 provide no protection for fresh tuna products.
1. Could the provisions on misleading and comparative advertising in Directive 2006/114/EC apply in this case?
2. Article 7 of Regulation (EU) No 1169/2011 stipulates that food information must not be misleading. Could advertising of this kind be considered a breach of that article?
3. Are any plans being drawn up to protect fishery products where existing legislation does not prevent the above practices?
Answer given by Ms Kyriakides on behalf of the European Commission
(21 December 2021)
1. Directive 2006/114/EC (1) regulates business-to-business commercial practices. Directive 2005/29/EC (2) regulates business-to- consumer practices, including commercial claims about products towards consumers. However, this directive is only applicable in a complementary manner in areas where sector-specific EU rules provide more detailed regulation. In the area of food products, Regulation (EU) No 1169/2011 (3) (FIC Regulation) prescribes more specific rules on advertising and labelling.
2. Article 7 on fair information practices of the FIC Regulation provides that food information shall not be misleading, particularly as to the characteristics of the food and, in particular, as to its nature, identity, properties, composition, quantity, durability, country of origin or place of provenance, method of manufacture or production. These rules apply also to advertising and presentation of foods. The FIC Regulation also provides for specific particulars to accompany the name of a product, in particular in case of substitution of ingredients (4). National authorities are responsible for the enforcement of these provisions, assessing on a case by case basis whether the terms used are likely to mislead the consumer.
3. The Commission is monitoring developments in relation to plant-based food thoroughly, including potential effects on the seafood market. While the aforementioned FIC Regulation addresses misleading food information, fish producers continue to benefit from the creation and support of Producer Organisations as foreseen in the common market Organisation Regulation (EU) No 1379/2013 (5). Therefore, the existing food and consumer legislation currently sufficiently regulates the labelling and presentation of plant-based food.
⋅1∙ Directive 2006/114/EC of the European Parliament and of the Council of 12 December 2006 concerning misleading and comparative advertising, OJ L 376,
27.12.2006, p. 21.
⋅2∙ Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 concerning unfair business-to-consumer commercial practices in the internal
market and amending Council Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC of the European Parliament and of the Council and Regulation (EC) No 2006/2004 of the European Parliament and of the Council (‘Unfair Commercial Practices Directive’), OJ L 149, 11.6.2005, p. 22. ⋅3∙ Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending
Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004; OJ L 304 22.11.2011, p. 18. ⋅4∙ Annex VI, part A, point 4.
⋅5∙ Regulation (EU) No 1379/2013 of the European Parliament and of the Council of 11 December 2013 on the common organisation of the markets in fishery and
aquaculture products, amending Council Regulations (EC) No 1184/2006 and (EC) No 1224/2009 and repealing Council Regulation (EC) No 104/2000, OJ L OJ L 354, 28.12.2013, p. 1‐21.