United States

When this first became a topic for hot discussion in 2021, the National Law Review, a journal and legal analysis content-aggregating database, reported at the time that plant-based food sales, including meat and dairy alternatives, were continuing to grow;

•          Plant-based meat sales were up 45%, and;

•          Plant-based milks and yogurts grew 20%.

However, while consumption grew at the time, so too did the concern that consumers were being misled. Since then, trends for these plant-based foods have changed, as well as a swell in litigation, both proposed and enacted, to control what plant-based foods are allowed to be called. In the years that followed, states including Texas passed laws that require plant-based products to be labelled with descriptors such as "plant-based," "meatless," or "analogue". The labels must also be as large as the product name. In 2022, Kansas followed suit and passed a law that requires plant-based meat products to include a disclaimer that they do not contain meat. Other states that have attempted to restrict the use of meat-related terms on plant-based products include Oklahoma and Wyoming. 

Now, in late 2024, two legislators in Ohio, USA, have introduced legislation to regulate the labelling of similar alternative meat products. The new “House Bill 661” which Republican State Representatives recently brought in, would deem alternative proteins “misbranded” if the packaging included the inclusion of these ‘meaty’ terms. In this case, only if the packaging also included such words as “imitation,” “fake” or “vegan” would it be eligible for sale legally in the state of Ohio. The Bill would also prevent school boards from purchasing misbranded alternative-meat products.

And there’s been more movement at both a state and federal level. Here’s the latest:

•          In recent years, thirteen states have passed laws banning the use of traditional meat terminology on the labels of alternative or cell-based meat products.

• Legislatures of North Carolina, Maryland and Wisconsin have passed laws to restrict use of the word “milk” to milk from animals

• The two legislators above in Ohio, USA, have introduced legislation to regulate the labelling of similar alternative meat products.
  

Canada

The Canadian Food Inspection Agency (CFIA) is responsible for enforcing fair food labelling in Canada. Currently in place, the use of common names suggesting butter, cheese, meat and milk to identify plant-based foods has been prohibited. Clear labelling has long been an issue advocated for by industry in Canada, and to much greater success in terms of transparency. The Canadian Poultry and Egg Processors Council previously said, “Plant-based products should be labelled to clearly distinguish them from meat, poultry and egg products.,” and it has progressed with far more clarity than other regions.

Now in late 2024, the Simulated meat products which need to adhere to strict labelling, are defined under the Food and Drug Regulations (FDR) and include foods that do not contain meat, poultry or fish products, but which have the appearance of meat in any form. These foods are made mostly of plant-based ingredients but may contain other animal products (such as milk and eggs).

These simulated meat or poultry products have strict guidelines and their labels must meet specific provisions, which require the following:

• be identified by a common name that includes the word "simulated"

• be identified by the words "contains no meat" or "contains no poultry" (as applicable), and

• meet specific requirements for composition and fortification

Other rules for labelling plant-based foods in Canada as of 2024 include: 

• Common names - Plant-based foods cannot be identified by common names like butter, cheese, meat, or milk. Instead, they should be labelled with terms like "plant-milk", "soy-milk", "plant-butter", or "soy burger". 

• Claims - Claims like "vegetarian", "veggie", or "plant-based" are permitted, but they cannot be used to imply that the product is similar to meat. For example, "vegetarian chicken nugget" or "plant-based drumstick" would not be compliant. 

• Nutritional components - Products that are intended to replace meat or poultry should have similar nutritional components. 

• Accuracy - All information on labels and in advertisements must be truthful and not misleading. 

This update from the CFIA is a promising nod in the direction of adapting labelling requirements to reflect industry realities and transparency for consumers choosing among protein groups.

European Union

Earlier in 2024, the European Court of Justice (ECJ) proposed a French decree that sought to ban plant-based food products from using terms traditionally associated with meat. It included language such as "steak" or "sausage" when the product was in fact meat-free.

Now, (October 2024) the proposed ban has been overturned, and plant-based foods can continue to be sold and promoted using terms traditionally associated with meat, as long as their composition is clearly labelled and doesn’t mislead consumers. The ECJ ruled that France's ban was invalid because many meat product descriptors, like "steak", lack legal definitions. As such, EU member states cannot stop food manufacturers giving veggie foods labels the ‘meaty’ wording in order to appeal to consumers, provided they do explain clearly what is actually in those products, the court ruled. This includes all the common meat-related terms such as ‘steak, sausage, escalope and burger’ - provided as a country has not established a specific legal name for a vegetable protein-based food. The case will now be returned to France's Council of State for a final decision.

The ECJ's latest ruling ensures that consumers have accurate information about the products they buy, whether it be meat or otherwise, and has been said to discourage other EU countries from enforcing similar bans that could be counterproductive and likely denied.  

Belgium was planning to follow France and ban the use of meat-related words on plant-based foods, such as ‘veggie burger’, ‘vegan schnitzel’ or ‘vegetarian sausage,’ working in 2022 onwards towards new guidelines to prohibit or make it more difficult for plant-based foods to refer to animal products. But by the start of 2024, The Belgian government concluded the so-called “veggie war” was not required and that it would not establish guidelines on naming and labelling vegetarian and vegan products. The decision nevertheless came amidst significant disagreement at the political level regarding proposed guidelines on labels for plant-based alternatives. 

The plant-based food sector and government appeared to conclude that the risk of consumer confusion was greatly exaggerated and a proposed ban was not needed.

Ireland

Following other countries’ leads, a strong campaign by Irish farmers surged in 2021 to urge the Government to consider adopting regulations to ban “deliberately misleading” terms like ‘sausages’, ‘burgers’ and ‘chicken pieces’ for plant-based foods. Since then , industry representatives have backed the move, and in 2024 plant-based alternatives were deemed a 'useful steppingstone' in Ireland towards healthy and sustainable diet by the wider food chain, but labelling them correctly remained a concern.

Plant-based alternatives to meat, cheese, eggs and yoghurt should be labelled and categorised more clearly to ensure people are aware of products that are ultra-processed, a study suggested in April of this year. As part of a review of evidence on plant-based alternatives, academics in Ireland said the products typically meant that the main primary ingredient, as well as processing techniques and brand, were all vital to determining its nutritional value and environmental impact. The team at the London School of Hygiene and Tropical Medicine suggested that labelling and sub-categorising plant-based alternatives — along with studies to evaluate how dietary changes impact upon the environment — should be a priority for policymakers when implementing changes and laws in Ireland and beyond.

United Kingdom

A coalition of organisations from Britain’s plant-based food and drink sector, the Plant-based Food Alliance UK formed, and in 2022 had packaging in its sights. They said at the time, “we will be campaigning for transparent environmental labelling of food and drink products, so consumers can easily understand the benefits of plant-based compared to animal-based options.”

Now, in late 2024, after meat and dairy producers have long lobbied for a change, most consumers in the UK (57%) according to Government research, also believe that plant-based food brands should avoid meat-related language. Nearly half (45%) also object to the use of dairy-related words to describe everyday non-dairy products.

A deeper dive has been taken into UK consumer opinion from the research, showing that it is some key audiences who are more open to “veggie burgers” and “soy milk”-type terms than the general population. Audiences have different reactions to the topic in the UK - older consumers are more resistant to the use of this terminology than younger ones, who are perhaps more aligned with the newer food groups and have clarity on the ingredients already. Among consumers aged 55 years or more, 70% object to ‘meaty’ words being used to describe and market non-meat products and shows where the real confusion lies in for the older UK consumer market.

New Zealand

In New Zealand, the New Zealand Vegetarian Society (NZVS), is raising clarification in the labelling space for Vegetarian Approved and NZ Vegan Certified product certifications and in turn clarifying the confusing labelling issues for the real meat sector too, with proposed standardised labelling practices that emphasise transparency for consumers.

In order to help ensure clarity, these and other food supply chain organisations are advocating for clearer and more standardised labelling on all NZ meat, vegetarian and vegan products, protecting consumer rights and promoting transparency in the food industry. This is seen as essential in building consumer trust and contributes to a more ethical food industry. Using terminology that isn't accurate in the retail space such as ‘less dairy’ or ‘plant-based’ has been blasted in recent years for adding to the confusion; compromising consumer trust and making it harder for individuals to meet their dietary preferences.

This labelling issue is an ongoing topic which is ever-evolving in different regions - GMA will continue to monitor and provide insights when important changes and proposed laws are shared. Watch this space!