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Alcohol-free drinks cannot be called gin, EU court rules

Alcohol-free drinks cannot be called  gin, even with the qualifier “non-alcoholic”, the European Court of Justice has ruled in a landmark judgement.

Judges said that under EU law, only spirit drinks made from ethyl alcohol and flavoured with juniper berries, and containing at least 37.5% alcohol by volume, can be called gin. The ruling was issued last Thursday (13 November).

The case was brought by the German association Verband Sozialer Wettbewerb against PB Vi Goods, a company selling a drink called Virgin Gin Alkoholfrei. The firm argued that the name made clear the product had no alcohol. A German court had previously suggested the wording “eliminates the risk of misleading the consumer” and questioned whether EU spirits rules clashed with the freedom to conduct a business under the EU’s Charter of Fundamental Rights.

Clear ruling

However, the Luxembourg judges found that EU legislation was clear that the term ‘non-alcoholic gin’ was prohibited. They stated that it was irrelevant that the legal name ‘gin’ was accompanied by the descriptor ‘non-alcoholic’. 

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The top EU court clarified that the prohibition does not prevent the product from continuing to be sold, but it must not use the term ‘gin’.

The ruling comes amid rapid growth in the low- and no-alcohol sector. Global sales reached about $20bn in 2024, doubling in five years. Research from the University of Sheffield suggests around a third of adults have tried such drinks, highlighting the category’s rising prominence in bars and retail.

Previous cases

This is not the first dispute over the use of the word ‘gin’ by low- or no-alcohol producers. The Gin Guild has previously intervened in cases involving Belvoir’s Alcohol Free Gin & Tonic and The Pentone Family’s 29% ABV Red Storm and Ocean Storm products, which had been described as ‘gin’.

The EU regulation at the centre of the case, adopted in 2019, is designed to protect consumers, prevent misleading practices, ensure fair competition and uphold the international reputation of European spirit drinks.

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