Following the controversial veggie burger ban, the European Court of Justice has ruled that non-alcoholic gin can no longer be marketed as “gin”.
Non-alcoholic drinks are more popular than ever—from inventive mocktails to creative alternatives to classic spirits. But anyone hoping to sell “Virgin Gin” under that name will need to pivot. The reason: The European Court of Justice has ruled that non-alcoholic beverages may not be marketed as “gin”.
The ruling stems from a lawsuit filed by the Association for Social Competition against the manufacturer PB Vi Goods, which had launched a product called Virgin Gin Alkoholfrei (translation: alcohol-free virgin gin). According to the association, the name violated EU regulations, which clearly define gin as spirit: flavored with juniper berries, made from ethyl alcohol of agricultural origin, and containing at least 37.5% alcohol. Legal proceedings were instituted by the association before Potsdam's Regional Court. However, it was referred to the European Court of Justice (ECJ) in Luxembourg because it involves EU law.
The judges in Luxembourg were unequivocal: Adding the label “non-alcoholic”, does not make a difference. It does not change the fact that the term “gin” is protected and reserved exclusively for spirits. At the same time, the ECJ emphasized that this ruling does not constitute a restriction on entrepreneurial freedom—beverages not fitting the definition of gin can still be sold, just not as “gin.”
The regulation’s goal is simple: protect consumers against the risk of confusion and ensure fair competition. For the growing non-alcoholic spirits market, the message is clear: When it comes to naming, marketing, and storytelling, creativity is now more important than ever.
