Wine labelling and claims

The Court of Justice of the European Union has taken issue with a label placed on some of the wines marketed by German wine-growers’ cooperative Deutsches Weintor. The labels on the necks of the bottles bore the description “mild edition”, accompanied by a reference to “gentle acidity”. The label, in particular, referred to the easy digestibility of the wine.

The EU’s judicial body will take a broad interpretation of what constitutes a health claim- Josette Grech

Conscious of consumers’ increasingly-cautious choices, a rising number of foods and beverages advertised on the market now bear nutrition and health claims. These claims state, suggest or imply that a relationship exists between a particular food product and health.

To ensure a high level of protection for consumers, EU law prohibits the use of information that will mislead the purchaser or attribute medicinal properties to food.

In particular, all “health claims” in the labelling and advertising of beverages containing more than 1.2 per cent by volume of alcohol is banned.

The EU legislature seeks to protect the health of consumers, whose consumption habits may be directly influenced by such claims. Food products promoted with health claims may be perceived by consumers as having a health advantage over similar or other products, and this may encourage the preference of a product bearing a claim over another that does not, even if a claim is not scientifically shown to be beneficial.

To nip this practice in the bud, the EU does not allow nutrition or health claims if they are inconsistent with generally-accepted nutritional and health principles or if they encourage excessive consumption.

In this context, a lawsuit was filed by the authority responsible for supervising the marketing of alcoholic beverages in the Land of Rhineland against Deutsches Weintor for using “health claims” on bottles and in its price catalogue.

The German Cooperative defended its position by arguing that the “easily digestible” description referred to well-being and was not a health claim.

Faced with this lawsuit, the German Court sought clarifications from the European Court on the scope of the prohibition imposed by EU law. Earlier this year, the Advocate General issued its opinion stating that alcoholic beverages could not carry health claims, even if scientific evidence supports their benefits, in a bid to avoid encouraging alcohol consumption in view of the dangers of addiction and abuse.

The recent ruling of the CJEU agreed with the Advocate General’s opinion. It started by examining the issues surrounding health claims for wines. The court considered whether the inscription on the German wine constituted a health clai m. It concluded that if a food product implies the absence or reduction of effects that are adverse or harmful to health, this amounts to a health claim in the same way as a claim that a food product improves health by consumption.

This applies in particular in relation to alcoholic beverages for which claims must be entirely clear. Although the claim of less acidity and consequently easy digestibility for the German wine was factually correct, the inscription on the bottle highlighted only that one aspect. On the other hand, it was silent on the dangers inherent in the consumption of alcoholic beverages which are not removed, or even limited, by such benefits. Since consumers were encouraged to consume, the court ruled that the wine’s health claim did not measure up to EU law.

The CJEU ruled that the description of the wine, suggesting that it is readily absorbed and digested, implies that the digestive system will not suffer, or will suffer little as a result, and that the digestive system will remain relatively healthy and intact even after repeated consumption, given that the wine is characterised by reduced acidity.

The court ruled that the claim suggests a sustained beneficial physiological effect consisting in the preservation of a healthy digestive system, contrary to other wines, which are presumed to result, after being consumed a number of times, in sustained adverse effects on the digestive system and, consequently, on health. To this extent, that description was declared to be a health claim. Since the use of such positive health claims in the labelling and advertising of alcoholic beverages are prohibited, the court declared the wine’s label in breach of the EU’s ban.

It is evident from the court’s conclusions that the EU’s judicial body will take a broad interpretation of what constitutes a health claim and an extremely restrictive view on any positive claims that can be affixed to alcoholic beverages.

jgrech@demarcoassociates.com

Dr Grech is an associate with Guido de Marco & Associates and heads its European law division.