The European Union's highest court has delivered a sobering verdict for the non-alcoholic drinks industry, ruling that beverages without alcohol cannot legally be called gin.
The Legal Challenge
Judges at the European Court of Justice in Luxembourg issued their judgement on Thursday, stating that EU law clearly prohibits the term 'non-alcoholic gin'. The case was brought by German competition association Verband Sozialer Wettbewerb against PB Vi Goods, the company selling a drink called Virgin Gin Alkoholfrei.
The court emphasised that according to EU spirits regulation, only drinks based on ethyl alcohol flavoured by juniper berries with a minimum alcoholic strength of 37.5% by volume can bear the name gin. The judges stated that 'the fact that the legal name 'gin' is accompanied by the term 'non-alcoholic' is irrelevant' to the legal definition.
Consumer Protection vs Business Freedom
PB Vi Goods had argued in court that their product name clearly indicated they were selling a non-alcoholic beverage. A German court had previously considered that the name 'eliminates the risk of misleading the consumer' and questioned whether European spirits regulations conflicted with the freedom to conduct business under the EU's charter of fundamental rights.
However, the Luxembourg judges upheld the 2019 EU regulation, which states such provisions are designed to protect consumers, prevent deceptive practices, ensure fair competition and safeguard the international reputation of EU spirit drinks.
Broader Implications for Food and Drink Labelling
This ruling represents a potential setback for the EU's rapidly expanding alcohol-free drinks market, which has seen significant growth in recent years as consumer preferences shift toward healthier alternatives.
The case continues a pattern of European courts grappling with food and drink terminology. In 2018, the ECJ ruled that KitKat could not trademark its four-fingered wafer shape, ending a decade-long legal battle. The previous year, the court determined that only animal-derived products could use names such as milk, butter, cream and yogurt.
The European Parliament is currently seeking to tighten food labelling rules further, having voted last month to outlaw terms like burger and sausage for plant-based foods. While this law is still being negotiated with EU member states, the court's gin ruling demonstrates the ongoing tension between product innovation and regulatory protection in European food and beverage markets.
For now, consumers looking for an officially recognised alcohol-free gin and tonic will find it off the menu across the European Union.
