The Court of Justice of the European Union has ruled that all imported organic products must comply with European regulations to receive an EU organic label.

The ruling comes after German drinks manufacturer, Herbaria, was ordered to remove the EU organic production logo, known as ‘inter alia’, from one of its beverages because it contained non-plant vitamins and ferrous gluconate.

EU law states that vitamins and minerals cannot be added to processed products bearing the term ‘organic’ only unless it is legally required.

Herbaria argued to the German Federal Administrative Court there was unequal treatment as a similar product also containing non-plant vitamins and minerals, imported from the United States, was not subject to such a prohibition.

The US is recognised as a country whose production and control rules are equivalent to those of the European Union which means that products can be marketed as EU organic products.

Ruling

According to Herbaria, this recognition would allow competing US products to bear the organic logo, provided only that those products comply with the US production rules, even where they do not comply with EU law.

When asked about the unequal treatment, the Court of Justice of the European Union said that an imported product may not use the EU organic production logo where the product does not fully comply with EU regulations.

The court said the contrary would risk harming fair competition in the internal organics market and give rise to ambiguity that could mislead consumers.

However, the court held that the organic production logo of the exporting country may be used in the EU for such products as such a logo is not likely to give the impression that it complies with all the EU regulations.