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Distillers may be celebrating a new decision by the EU's judiciary, which has determined that non-alcoholic drinks cannot be marketed under the name 'gin'.

The Criteria Defines a Genuine Gin?

As stated by the judicial ruling, only alcoholic beverages made from ethyl alcohol, flavored with juniper berries, and boasting a minimum alcohol strength of 37.5% by volume can officially be labeled gin.

The Case Leading to the Decision

This case was brought by a German organization dedicated to combating unfair competition, that challenged a company selling a drink called 'Virgin Gin Alkoholfrei'.

The accused company argued in court that the name obviously signaled it was a non-alcoholic beverage. A German court had earlier supported this view, stating that the labeling eliminated any risk of deceiving consumers and posed concerns about whether European spirits regulations infringed upon the right to operate a company under the European Union's charter.

Judicial Definitive Stance

Nonetheless, the EU court upheld existing legislation, stating that the term 'non-alcoholic gin' is expressly prohibited. They emphasized that including the phrase 'non-alcoholic' next to the protected term 'gin' does not alter this ban.

“The fact that the legal name ‘gin’ is accompanied by the term ‘non-alcoholic’ is irrelevant,” the court said.

Wider Consequences and Background

This 2019 EU regulation highlights that such rules are designed to safeguard consumers, stop misleading marketing, guarantee fair competition, and protect the global standing of the European Union's spirit drinks.

However, this decision could represent a hurdle for the EU's fast-expanding non-alcoholic beverage sector.

This is not the first time European judges have weighed in on consumable product labeling disputes. For example, in 2018, the European Court of Justice ruled that the manufacturers of KitKat could not protect its distinctive four-section design.

In a related matter, the year before, the judiciary decided that solely products derived from animal sources could employ terms like dairy, butter, cream, and fermented milk.

Upcoming Food Labeling Regulations

At the same time, the EU parliament is pushing for strengthen food labeling standards even further. Last month, it voted to ban the use of terms such as 'patty' and 'sausage' for plant-based foods.

This law is still under negotiation with European countries, which could yet save plant-based patties and soy-based cuts. But for now, an alcohol-free gin and tonic is, officially, off the menu within the European Union.