CJEU: “Alcohol-free Gin” Is Not Gin – What the New Judgment Means for Manufacturers and Distributors

In its judgment of 13 November 2025 in Case C-563/24, the Court of Justice of the European Union sent a clear message to the food and beverage industry: a beverage that contains no alcohol may not be marketed under the designation “gin” – even if it is expressly labelled as “alcohol-free” or “non-alcoholic.” The proceedings originated in Germany, where a consumer protection association challenged the marketing of a product labelled “Virgin Gin alkoholfrei.” The Regional Court of Potsdam subsequently referred questions to the CJEU concerning the interpretation of Regulation (EU) 2019/787, which sets out the legal requirements for spirit drinks.

The CJEU held that the Regulation establishes a strict – indeed, almost absolute – prohibition on the use of protected designations for products that do not meet the relevant legal criteria. “Gin” is defined as a spirit drink and requires, among other things, a minimum alcoholic strength. A non-alcoholic beverage does not satisfy these criteria and therefore may not be marketed using that designation – not even with qualifying additions such as “alcohol-free.” The Court emphasised the protection of consumers: the legislator seeks to prevent consumers from being misled by familiar product terms. At the same time, the judgment reinforces the protection of traditional spirit drink designations and safeguards their economic and cultural value against dilution through imitation or alternative products.

The fundamental-rights dimension of the case is particularly noteworthy. The manufacturers had argued that the restriction infringed their freedom to conduct a business under Article 16 of the Charter of Fundamental Rights of the European Union. The Court, however, made clear that this freedom is subject to limitations where legitimate public-interest objectives are pursued, such as consumer protection, market transparency, and the preservation of established product categories. The prohibition was found to be suitable, necessary, and proportionate, and thus compatible with EU law.

The implications of the judgment extend far beyond alcohol-free spirit drinks. It reaffirms the strict approach taken by the EU regarding the protection of traditional designations: if a product does not meet the statutory requirements, it cannot use the protected term. Manufacturers, importers, and distributors must therefore carefully assess whether their product labelling complies with European requirements – whether the product concerned is a spirit drink, dairy alternative, meat substitute, or food supplement. Failure to comply may result in cease-and-desist demands, regulatory action, and competition law claims.

We are pleased to assist you in ensuring that your products – whether alcoholic beverages, foodstuffs, food supplements, or consumer goods – are marketed lawfully within the European Union. Contact us today to ensure that your market entry or distribution strategy in Europe is legally compliant, efficient, and free from avoidable legal risks.