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Distillers could be toasting a recent decision by the EU's court, which has determined that alcohol-free drinks must not be sold under the name 'gin'.

The Criteria Defines a Genuine Gin?

As stated by the judicial judgment, only spirit drinks made from ethyl alcohol, flavored with juniper berries, and boasting a lowest alcohol content of 37.5% by volume can legally be called gin.

The Case Leading to the Decision

The legal action was initiated by a Germany-based organization focused on combating unethical business practices, which targeted a company selling a drink called 'Virgin Gin Alkoholfrei'.

The defending company contended in legal proceedings that the name obviously signaled it was a non-alcoholic beverage. A national court had earlier supported this perspective, suggesting that the labeling removed any potential of misleading consumers and posed concerns about whether European spirits regulations conflicted with the right to operate a company under the EU's charter.

Judicial Definitive Stance

However, the EU court upheld existing legislation, stating that the term 'alcohol-free gin' is specifically prohibited. They clarified that adding the words 'non-alcoholic' alongside the legal name 'gin' does not alter this prohibition.

Even though the legal name ‘gin’ is accompanied by the term ‘non-alcoholic’ is irrelevant,” the ruling stated.

Broader Implications and Background

This 2019 EU regulation highlights that such provisions are designed to protect buyers, stop deceptive practices, guarantee equitable trade, and safeguard the international reputation of the European Union's alcoholic beverages.

Yet, this decision might be a setback for the region's fast-expanding non-alcoholic drinks industry.

This is not the first time European judges have weighed in on consumable product naming disputes. As an illustration, in 2018, the European Court of Justice determined that the makers of a popular chocolate bar were not permitted to protect its distinctive four-fingered wafer shape.

In a related matter, the year before, the judiciary decided that only items derived from animal sources could employ names like milk, butter, dairy topping, and yogurt.

Upcoming Product Naming Regulations

Meanwhile, the EU parliament is seeking to tighten food labeling rules more strictly. Last month, it voted to ban the application of words such as 'patty' and 'link' for plant-based foods.

This law is currently under discussion with EU member states, which may yet save plant-based patties and soy-based cuts. However, currently, an non-alcoholic gin and tonic is, formally, off the menu within the EU.