Swiss Ban on Plant-Based Meat Labels ‘Contradictory’ to National Nutrition Strategy

Switzerland’s highest court has introduced labelling rules for plant-based meat products that it claims would avoid confusing customers; in reality, further confusion is likely to be the outcome.

Animal names like ‘chicken’ or ‘beef’ can no longer be used on plant-based product packaging in Switzerland, while terms such as ‘steak’ and fillet’ are fair game, according to a new ruling by its top court.

On Friday, the Federal Supreme Court overturned a 2022 decision by the Zurich Administrative Court, which had rejected a cantonal laboratory’s ruling that prevented Planted – the country’s leading meat-free manufacturer – from using terms like ‘Planted chicken’, ‘like chicken’, and ‘like pork’ on product labels.

The administrative court upheld Planted’s appeal of the cantonal laboratory’s ruling, based on research that showed 93% of respondents identified its chicken alternative as plant-based within seconds.

In response, the Federal Department of Home Affairs filed its own appeal against this decision, which was upheld by the country’s Supreme Court last week.

Planted slams labelling decision ‘driven by politics and emotion’

“The term ‘chicken’ refers to poultry, that is, an animal,” the federal court said in a statement. “A plant-based product which refers to the term ‘chicken’ and does not contain meat is a deception.”

The four majority judges said the prevailing principle is that a food made without animals can’t be named a meat product, but conceded that the rules are very technical.

For example, terms like ‘beef steak’ or ‘chicken from plants’ are now prohibited, while ‘soy sausages’, ‘grain minced meat’ or ‘lentil steaks’ can continue to be used on product labels.

One of the judges argued that these designations served a commercial purpose, saying they were not just aimed at vegans, but at other Swiss consumers whom plant-based meat companies intend to convince too. “Imitation products must be labelled and advertised so that consumers can see the actual nature of the food and to distinguish it from products with which it could be confused,” the court said.

However, Planted, which is set to receive a deadline to rename its products, called the move politically motivated. “As a Swiss citizen, I’m disappointed that a decision of this magnitude seems driven by politics and emotion,” said co-founder Judith Wemmer, who is also the president of the Swiss Protein Association.

“Rather than helping consumers with simple, clear terminology, unnecessary bureaucracy is being created – wasting valuable resources,” she added, noting that the company would remain committed to its mission, having saved nearly 3.5 million chicken lives.

“We at Planted never lack creativity when it comes to naming animal-free products,” Wemmer said. “No matter what’s written on the packaging, the content remains the same – delicious.”

Swiss ban contradicts nutrition policy and EU legislation

The Swiss supreme court heavily relied on EU legislation and case law, having aligned itself more with European food labelling standards since the 2017 overhaul of its Foodstuffs Act.

However, these restrictions on plant-based products no longer exist in the EU, with the European Parliament voting against a labelling ban in 2021, and the European Court of Justice reinforcing that in October last year after France’s government attempted to impose a similar ban.

The ECJ ruled that no member state can prohibit companies from using terms like ‘veggie burger’, ‘plant-based sausage’ or ‘vegan bacon’ on product labels, a view echoed by France’s top court too. However, since Switzerland is not part of the EU, this decision doesn’t dictate labelling laws here.

Wemmer called the Supreme Court’s decision “contradictory” in light of the Swiss Federal Council’s new nutritional strategy. Published last month, it calls for an overhaul of the national diet, with an emphasis on boosting plant-based nutrition, reducing food waste, and creating sustainable food environments.

The eight-year plan chimes with the country’s latest dietary guidelines for adults, published last August, which recommend eating more whole foods and plant proteins. 

It remains to be seen how Planted renames its offerings to meet the law’s guidelines.

Meanwhile, meat alternatives might not be the only vegan products in jeopardy, with the federal agricultural research centre, Agroscope, last month stating that labels on non-dairy milk can “overwhelm” consumers and often be misleading.

“More mandatory and harmonised provisions in food marketing are necessary in order to promote a sustainable and healthy diet,” it said, though also noting that eco labels have “great potential for even further use” with products like oat milk.