The European Court of Justice in Luxembourg has ruled that the term “gin” cannot be applied to non-alcoholic beverages. According to the court’s judgment, only spirit drinks with an alcohol content of at least 37.5% by volume, flavored with juniper berries, can be legally classified as gin. This ruling was prompted by a case involving the German association Verband Sozialer Wettbewerb, which challenged the marketing of a product named Virgin Gin Alkoholfrei.
The company, PB Vi Goods, defended its product by claiming that the name clearly indicated it was a non-alcoholic drink. A prior German court had noted that the name did not pose a risk of misleading consumers and suggested that European regulations regarding spirits might conflict with the rights to conduct business as outlined in the EU’s charter of fundamental rights. However, the Luxembourg judges concluded that the EU law prohibits the designation of “non-alcoholic gin,” asserting that the inclusion of the term “non-alcoholic” does not alter the legal implications of the term “gin.”
This decision aligns with the EU’s 2019 regulation aimed at protecting consumers, preventing deceptive practices, ensuring fair competition, and preserving the reputation of EU spirit drinks. As the alcohol-free beverage market grows, this ruling may impact companies seeking to enter that segment.
This case is part of a broader pattern where the European court addresses the naming and classification of food and drink products. Previous rulings include insufficient grounds for KitKat to trademark its iconic shape and restrictions on the use of terms like milk and butter to only animal-derived products. In related legislative activities, the European Parliament is currently discussing potential changes to food labeling laws that could redefine terminology used for plant-based foods. For now, alcohol-free drinks marketed as gin remain prohibited within the EU.
Source: https://www.theguardian.com/business/2025/nov/13/eu-court-bans-calling-non-alcoholic-drinks-gin