The European Court of Justice (ECJ) has ruled that alcohol-free versions of juniper-led distilled spirit may not be marketed using the term ‘gin’.
The decision, which was handed down this week, was the result of a case brought in Germany, where an unnamed industry association challenged the sale of a beverage branded “Virgin Gin Alkoholfrei” by PB Vi Goods. The association argued that the product breached EU regulations, which require gin to be made from ethyl alcohol of agricultural origin, flavoured with juniper berries and bottled at a minimum of 37.5% ABV.
In its judgment, the ECJ said that European Union rules contain a “clear prohibition” on labelling a non-alcoholic beverage as gin, noting that the addition of qualifiers such as “non-alcoholic” does not change the protected status of the term.
“Moreover, that prohibition is proportionate, insofar as it is intended to protect consumers against the risk of confusion as to the composition of the products as well as gin producers complying with the requirements laid down in EU law against unfair competition,” the court found.
Last month, the Food & Drink Federation reported that gin exports from the UK in the first half of this year leapt by 17.6% in value to GBP298.4m (US$392m). Volumes in the six-month period were also up, by 6.3%, building on what the FDF described as strong demand in non-EU markets.
