France’s Council of State (Conseil d’État) has suspended a decree brought forward by the French government in February, which would ban the use of names like ‘steak’ and ‘ham’ for plant-based products.

This latest development marks the second U-turn in attempts to introduce such restrictions, with an original decree published in June 2022 suspended by the Conseil d’État in 2023 over legality concerns.

In a statement published yesterday (10 April 2024), the Council affirmed that it has ‘serious doubt’ about the legality of the proposed ban – which was due to come into force at the beginning of May.

Prohibited terms included in the February decree include ‘steak,’ ‘escalope’ and ‘tendon’ among others. Companies would face hefty fines of up to €7,500 if found to be in breach of the regulations once implemented.

The Council said that the decree would cause ‘serious and immediate harm’ to manufacturers that are exclusively selling plant-based protein products in the country. Specifically, it added that implementing the ban in May would likely lead to a ‘significant drop’ in turnover for these companies.

Costs linked to packaging, branding and other marketing strategies would impact manufacturers as a result of the ban alongside a temporary cessation of sales.

As part of the proposed law, manufacturers who make their products in other European countries would be able to continue to use ‘meaty’ names to sell their products in France. In a statement offered to The Plant Base in February, French plant-based meat producer Umiami said this would “serve as a setback” to its business and others, placing it “at a disadvantage compared to foreign competitors who aren’t bound by the same standards of transparency and precision”.

The Council of State is now awaiting a response from the Court of Justice of the European Union (CJEU) regarding the suspension, and whether the ban can go ahead.

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