Ban on ‘Water Kefir’ Labeling: Penalties for Non-Compliant Producers

While consumers casually use the term “kefir” for both dairy and water-based fermented drinks, European law sees things through a much narrower lens: in the eyes of the EU, kefir is strictly a dairy product. Consequently, water kefir producers within the Union are prohibited from using the term as a legal sales denomination on their labels. This ban is enshrined in EU Regulation 1308/2013, a cornerstone of the Common Organisation of the Markets (OCM) for agricultural products. The regulation strictly defines sales descriptions and commercial presentations for every category, reserving “kefir” exclusively for dairy products (Annex VII).

It all begins with kefir grains (tibicos) ready for activation. To infuse flavour and aid fermentation, fresh, natural ingredients like lemon, ginger, and a sugar source are added.

• Primary Fermentation: The grains transform the sugar water into a probiotic beverage.
• Secondary Fermentation & Bottling: The final stage before the drink hits the shelves.

The Crackdown: Inspections and Injunctions

Years after the regulation came into force, the hammer finally dropped last summer. The ICQRF (Italy’s central inspectorate for quality protection and fraud repression under the Ministry of Agriculture) launched a sweeping crackdown on water kefir producers. This involved auditing corporate e-commerce sites and, in several instances, conducting on-site inspections. Following these checks, major Italian producers of water kefir and related bacterial strains received formal injunctions from the Ministry. Companies were given a mere 30 days to overhaul their labels, commercial presentations, and advertising materials.

The Legal Bone of Contention

The issue? “Water Kefir” cannot be used as the product name; it may only appear within the ingredient list or the description of the production process. The reason lies in a missing “traditional use” exemption. Under Commission Decision 2010/791/EU, certain products whose “exact nature is clear from traditional usage” are exempt from dairy-naming restrictions. Each Member State provided a list for this exemption:

• Italy’s list includes: Almond milk, cocoa butter, coconut milk, and “butter” beans (or similar names where “butter” denotes texture).
• The Problem: Not a single EU country included “water kefir” on their list.

The European legislator clearly understands that non-dairy products using dairy-adjacent names exist and that consumers aren’t confused by them. Yet, because water kefir was left off the official list, this “legislative loophole” for commercial coexistence doesn’t apply, leaving producers in a regulatory limbo that the ICQRF is now penalising.

The crackdown isn’t limited to Italy. In France, the DGCCRF (the French anti-fraud authority) began challenging producers of kéfir de fruits and kéfir d’eau back in 2023.

However, unlike the Italian experience, the French response was an immediate, collective mobilisation—fuelled in part by the larger economic scale of the companies involved.

• Parliamentary Action: In January 2024, the matter reached the National Assembly, with a parliamentary inquiry urging the Government to open a dialogue with the European Commission.
• The Rebels: Brands like L’Atelier du Ferment (Kéfirade) and Labo Dumoulin refused to back down, continuing to market their products as “kéfir de fruits” to protect a name they consider part of traditional artisanal heritage.
• The Pivot: Conversely, Karma Kéfruit (Biogroupe), a historic organic brand, opted to rebrand from kéfir d’eau to “Kefruit made from kefir grains.”

Italian Producers Call for Clear Rules

While Italy and France enforce the rules rigorously, other EU nations remain more permissive, creating an uneven playing field for European businesses.

Italian producers have largely complied with the injunctions, but they aren’t looking to operate outside the law. Instead, they are demanding a framework that recognises the specific identity of a thousand-year-old product.

Industry leaders like Tibi and Bionova are calling on the Italian Ministry (Masaf) to move beyond mere repression. They are advocating for:

Cross-Border Cooperation: Promoting joint action with France, Spain, and Belgium to harmonise rules and end the current fragmentation of the internal market.

EU Advocacy: Formally requesting the European Commission to include “water kefir” in the “traditional use” exceptions list.

A National Task Force: Establishing a technical committee involving producers, universities, and stakeholders to define production protocols and transparent labelling standards.