The Zurich administrative court judges the labeling of meat substitute products more pragmatically than the cantonal laboratory.
A look at the production of meat substitutes from pea protein by Planted Foods in Kemptthal.
The keepers of our food sensed deception. On the packaging of Planted Foods products, the foods are labeled as “vegan”. But to be more precise, it also says “chicken” or “chicken”, “vegan pork” or “pulled pork”, even “Güggeli”. The company in Kemptthal, in the municipality of Lindau, has been producing meat substitutes from vegetable proteins based on peas for a number of years.
In May 2021, the Zurich Cantonal Laboratory instructed Planted Foods to refrain from naming animal species as this was misleading. The company appealed to the health department, but was dismissed. It took the case to the Zurich administrative court, which sees the matter differently in a recently published judgment.
“Planted” is understood as meatless
The purpose of the food law is to protect consumers from fraud. It expressly states that imitation products must be labeled and advertised in such a way that it is possible to identify the true nature of the food and to distinguish it from products with which it could be confused.
The lab fears that using animal names for products presented as cooked meat increases the risk of deception. The judges couldn’t understand that. They based this on a survey of 777 people commissioned by Planted Foods itself in July 2021. Accordingly, 93 percent of those surveyed recognized that “Planted Chicken” is a vegetarian product.
The court sees this as “an important indication of how the general public perceives the product packaging that is the subject of the complaint”. The food control, on the other hand, referred to an information letter from the Federal Food Safety and Veterinary Office, according to which designations such as “vegan beef fillet” or “soy-based veal sausage” are not permitted.
No deception
This letter is not binding for courts, it says in the verdict. It also does not mean that animal species cannot be named in connection with meat substitute products. The judges used common sense: “plant-based chicken” does not mean a chicken meat preparation with plants, but a substitute product.
The presentation of the Planted Foods packaging with the eye-catching inscription “vegan” and the well-known V label is sufficient for the administrative court. They do not give the average consumer the misleading impression that they are meat products. The approval of the appeal can be contested before the Federal Supreme Court.
Judgment VB.2022.00270, 10.11.22, not final.