A recent ruling by the Court of Justice of the European Union (CJEU) has officially banned the use of the term “gin” for non-alcoholic drinks that mimic its flavour. This landmark legal precedent is set to send shockwaves through the entire alcohol-free spirits industry.
In its judgment for Case C-563/24 | PB Vi Goods, the Court was unequivocal: an alcohol-free beverage cannot be legally marketed under the designation “gin,” even if accompanied by the qualifier “non-alcoholic” or “alcohol-free.”
The ruling follows a preliminary reference from a German court. The case was triggered by an anti-unfair competition association taking legal action against PB Vi Goods for selling a product branded as “Virgin Gin Alkoholfrei.”
“Gin” is Legally Tied to Alcohol
According to the association—and now confirmed by the Court—the term “gin” is strictly defined under EU law. By definition, gin must be produced by flavouring ethyl alcohol of agricultural origin with juniper berries, and it must maintain a minimum alcoholic strength of 37.5% ABV.
The Court ruled that there is a “clear prohibition” in EU law against labelling a drink as “non-alcoholic gin” simply because it contains no alcohol. The addition of the word “non-alcoholic” was deemed irrelevant. This ban serves two primary objectives:
- Consumer Protection: Preventing confusion regarding the actual composition of the product.
- Fair Competition: Protecting gin producers who adhere to strict legal requirements from unfair market practices.
Business Rights vs. Legal Definitions
The Court further clarified that this does not infringe upon the freedom to conduct a business enshrined in the EU Charter of Fundamental Rights. The ruling doesn’t stop the product from being sold; it simply prevents it from being marketed using a name legally reserved for a specific category of spirit.
While the CJEU provides the interpretation of EU law, it is now up to the German national court to settle the specific dispute. However, this decision is legally binding for all national courts across the EU facing similar cases.
Transparency Note: The featured image for this article was generated using AI tools.