Introduction
In a recent decision dated 13 November 2025, the Court of Justice of the European Union (the “CJEU”) ruled that non-alcoholic beverages cannot be labelled as ‘gin’.
This follows a dispute in which VSW, a German fair-competition association, brought an action against PB Vi Goods for marketing and selling a non-alcoholic beverage named ‘Virgin Gin Alkoholfrei’ (non-alcoholic Virgin Gin).
Background
VSW raised the argument that ‘non-alcoholic Virgin Gin’ contradicted Article 10(7) of Regulation (EU) 2019/787 (the “Spirits Regulation”), which states that the use of a legal name, such as ‘gin’, in the description, presentation or labelling of any beverage that does not comply with the requirements of the relevant category set out in Annex I is prohibited. Annex I states that any product labelled as ‘gin’ must meet the following criteria:
- Ginis a juniper-flavoured spirit drink produced by flavouring ethyl alcohol of agricultural origin with juniper berries (Juniperus communis).
- The minimum alcoholic strength by volume of ginshall be [37.5]%.
- Only flavouring substances or flavouring preparations or both shall be used for the production of ginso that the taste is predominantly that of juniper.
- The term “gin” may be supplemented by the term “dry” if it does not contain added sweetening exceeding [0.1] grams of sweetening products per litre of the final product, expressed as invert sugar.’
Based on the above criteria, VSW maintained that the labelling of a non-alcoholic product as ‘gin’ was a breach of the Spirits Regulation, on the grounds that a non-alcoholic product cannot satisfy point (b) of Annex I.
Questions Considered by the Court
In its decision, the CJEU considered two specific questions:
- Should the Spirits Regulation be interpreted as meaning that the presentation or labelling of a non-alcoholic beverage as ‘gin’ is prohibited solely because it does not comply with the product requirements for gin under Annex 1 of the Regulation?
- Does Article 10(7) of the Spirits Regulation infringe on the freedom to conduct a business, as guaranteed by the Charter of Fundamental Rights of the EU, by prohibiting the presentation or labelling of non-alcoholic beverages as “non-alcoholic gin”?
In response to the first question, the CJEU held that the Spirits Regulation must be interpreted as prohibiting the use of the name ‘non-alcoholic gin’ due to the fact that it does not contain alcohol, which contradicts point (b) of Annex I that gin must have a minimum alcoholic strength of 37.5% in order to be labelled and marketed as ‘gin’ at all.
In response to the second question, the CJEU noted that the freedom to run a business is not an absolute right. Rather, the right to run a business can be limited to help the EU achieve larger objectives which are of general interest, such as the protection of consumers from confusion over the labelling and marketing of products, in this instance. However, the CJEU also noted that any limitation placed on the right to run a business must be proportionate, and cannot outright exclude any parties from the right to run a business.
The CJEU stated that the prohibition on labelling non-alcoholic products as ‘gin’ was not a disproportionate interference as the prohibition does not prevent such products from being sold, but merely from being sold under the legal name reserved for a specific spirit drink, namely ‘gin’. Additionally, the CJEU also stated that the prohibition was also proportionate as it is intended to protect consumers from any potential confusion regarding gin products, as well as to protect compliant gin producers from unfair competition.
Analysis
This ruling from the CJEU follows a trend towards more stringent food and beverage labelling rules, catalysed by the TofuTown judgment of 2017 in which the CJEU stated that EU law prohibits plant-based products from using dairy-specific terms such as ‘cream’, ‘milk’ or ‘butter’ in its labelling[1]. In the more recent proteinfrance judgment, the CJEU held that regulated product names such as cheese, butter and milk could not be used to describe plant-based alternatives such as ‘soymilk’ or ‘tofubutter’.[2]
The recent trend towards stricter food and beverage labelling requirements has been described by the ECJ as a necessary measure to protect consumers from any potential confusion over regulated food and beverage products, as well as to protect manufacturers from unfair competition practices. As such, the food and beverage sector is likely to see a number of new product names enter the market as non-alcoholic drinks producers seek to find ways to market their products to the public under a new framework, as producers of non-alcoholic gin drinks will not be allowed to include the word ‘gin’ on their labels at all.
For any queries on this topic please contact Kate McKenna or Simon Shinkwin, or your usual Matheson Food & Beverage team contact.
[1]. Case C-422/16, Verband Sozialer Wettbewerb v TofuTown.com GmbH [2017] ECR I-458.
[2].Case C-438/23, Association Protéines France and Others v Ministre de l’Économie, des Finances et de la Souveraineté industrielle [2024] ECR I-744.