NEW EU SPIRITS REGULATION
The new EU spirit drinks regulation is significantly different from its 2008 predecessor. The latter, for example, laid down basic rules in the difficult area of ‘compound terms’, the use of ‘allusions’ and the labelling of blends and mixtures. The new law has introduced more precise provisions, but they are more complicated and, in some aspects, a lot more controversial.
For example, the new law will require some spirits which are correctly labelled as ‘blended whisky’ to be relabelled and instead called ‘spirit drink’. That is an unwelcome (and we suspect unintended) consequence of the new law.
Separately, rules for the labelling of liqueurs have changed radically: in some cases the provisions are very permissive (to the extent that consumers could easily be misled) while for others the new rules are very restrictive. Labelling provisions for cream liqueurs, for instance, will require many brands to change their labels.
The new law will require some spirits which are correctly labelled as ‘blended whisky’ to be relabelled and instead called ‘spirit drink’.
Soper Consulting has prepared an analysis of the new legislation, looking in particular at the provisions on protected names for spirits, the rules on ‘compound terms’ and ‘allusions’, and how mixed and blended spirits can use protected names on their labels.
The paper should be of interest to any producer selling spirits in the EU. In addition to interpreting the new rules, the paper highlights the areas where clarification of (and adjustments to) the legislation already appears to be required.
The executive summary from the analysis is shown below and the opening 3 pages of the paper can be downloaded. Please contact Soper Consulting for a full copy of the analysis or to discuss any aspect of this very important new law.
EXECUTIVE SUMMARY
The new regulation brings numerous changes in labelling rules for spirits sold in the EU.
Detailed provisions have been introduced in the contentious areas of compound terms and allusions and the labelling of mixtures (and blends).
Rules for the use of spirits category names on other products are more comprehensive: in some respects they are more restrictive; in others more permissive.
In the spirits sector, only liqueurs can make allusions to their alcohol components. These rules are extremely permissive.
New rules for cream liqueurs, however, are much more restrictive than at present.
In some other sectors there is total freedom to refer to protected names, even when the spirit has not been used.
New rules for blends will, in some cases, mean the product has to be labelled as a ‘spirit drink’.
Some of the labelling rules are ambiguous and need to be clarified. To try to avoid enforcement difficulties, producers need to know where the uncertainties arise.
Efforts will be required by spirits producers to secure acceptable clarification of, and probably changes to, the regulation before May 2021.
CONTACT
Please get in touch to order a copy of the labelling analysis or to discuss any aspect of the new EU spirit drinks regulation.
We will look forward to hearing from you.
