CONSUMER LAW | ECJ prohibits the use of “gin” for non-alcoholic beverages

On 13 November 2025, the EU Court of Justice (CJEU) issued its judgment in Case C-563/24, concerning the interpretation of Regulation (EU) 2019/787 of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks (the Regulation). The case arose from proceedings in Germany, where an association seeking to prevent unfair competition challenged the marketing of a non-alcoholic beverage sold as “Virgin Gin Alkoholfrei” (“non-alcoholic Virgin Gin”), arguing that its designation as “gin” was incompatible with EU law. Following a request for a preliminary ruling, the CJEU held that a non-alcoholic product cannot be marketed as “gin”, as that term is reserved for a spirit drink that meets the Regulation’s production requirements, including flavouring with juniper berries and a minimum alcoholic strength of 37.5% by volume. The mere addition of the term “non-alcoholic” is not sufficient to ensure compliance with EU rules on spirit drinks, as consumers may still be misled as to the composition of the product they intend to purchase. The CJEU also confirmed that this restriction does not interfere with the freedom to conduct a business under the EU Charter of Fundamental Rights.

Newsletter n. 113 – December 2025