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16.07.2025 - Foods

16.07.2025 - Consumer Deception - Unpermitted Designation Plum Brandy

The Higher Regional Court Karlsruhe has ruled that the designation "Zwetschgenschnaps" for a spirit is inadmissible if it does not comply with the requirements of the European Spirit Regulation. The court deemed this an unauthorized allusion to the category "fruit brandy," which is protected under the regulation.

In the case, two German spirit manufacturers disputed the correct designation for a product composed of 33% plum distillate and 67% grain distillate, sold as "Zwetschgen Schnaps." The bottle featured a large label with three plums, giving the impression of a pure fruit brandy. Although the back label mentioned "spirit" and the exact alcohol contents, the dominant imagery and labeling led consumers to believe it was a fruit brandy, a product made exclusively from plums.

A study confirmed that many buyers associate the term "Zwetschgen Schnaps" with a fruit brandy, meaning a product that only consists of plums. The court thus decided that the term and the imagery are misleading because they suggest a protected category "fruit brandy," which only allows products made from 100% plums. Since the product contains only 33% plum distillate, the designation is inadmissible and cannot be used as such. The court demanded that this misleading designation and depiction be stopped.

At BAV Institut, we regularly conduct the corresponding declaration checks to ensure the conformity of your labels. We provide fast and reliable results and are happy to advise you on all matters regarding product safety. If you have any questions, our customer advisors are at your disposal.

Source:

The Food Inspector - Journal for Food Law, Consumer Protection and Nutrition, Issue 02/2025, Page 16 Section Jurisprudence