The concept of “evocation” creates disproportionate legal uncertainty
The Italian decree prohibits not only the use of protected dairy names, but also any evocation of dairy designations, even when accompanied by clear non-dairy disclaimers (e.g. “plant-based” or “non-dairy”). The notion of evocation is:
- Vague and open-ended.
- Lacking legal precision or harmonized EU definition.
- Prone to subjective enforcement, depending on national interpretations.
By its nature, “evocation” could capture traditional features commonly used by the margarine and spread sector, including:
- Visuals of yellow-colored spreads resembling butter.
- Packaging formats commonly associated with butter (e.g. rectangular blocks, foil wrapping, tubs).
- Serving and use suggestions (e.g. margarine spread on bread or toast).
- Descriptive terms referring to texture or functional use ("spreadable," "creamy," etc.), as provided by Regulation 1169/2011 (art.9), as well.
These features have been used for decades to indicate the intended culinary use of margarine as a butter alternative, without misleading consumers.
Risk of extending dairy evocation bans to non-dairy sectors
Although current EU law (CMO Regulation 1308/2013) reserves dairy designations for dairy products, it does not ban the legitimate marketing of functional substitutes provided that consumers are not misled. The Italian approach risks:
- Extending dairy evocation bans into legally distinct categories like margarine and vegetable spreads.
- Criminalizing long-standing industry practices that fully comply with existing EU law.
- Forcing the removal of widely recognized commercial presentations that inform rather than mislead consumers.
The Italian approach contradicts EU legal precedent
The European Court of Justice (ECJ) has repeatedly confirmed that:
- EU law already prohibits misleading labelling practices (Case C-422/16 TofuTown).
- Member States may not impose additional national bans unless narrowly justified (Case C-438/23).
- The key legal test remains whether the average well-informed consumer is misled — not whether a visual resemblance exists per se.
Decades of market practice show that margarine consumers fully understand they are buying a non-dairy product, even when packaging or marketing evokes functional similarities with butter.
Single Market fragmentation and risk of legal domino effect
The Italian measure creates:
- A dangerous precedent of national overregulation in harmonized EU food law.
- Risks of divergent enforcement across Member States, with possible copycat measures.
- Serious disruption for cross-border trade of margarine and spreads, undermining the Single Market.
Such fragmentation contradicts both the simplification agenda of the EU and the objective of a level playing field for all operators.
Urgent need to preserve legal clarity for margarine and spreads
Assitol calls for:
- The strict limitation of dairy denomination rules to the scope defined in EU law.
- Avoiding subjective interpretations of “evocation” that capture non-dairy categories like margarine.
- Ensuring any revision of designation rules occurs only at EU level, with full stakeholder involvement and legal certainty.
The long-standing ability of margarine to present itself as a functional alternative to butter — without misleading consumers — must not be collateral damage of legislative overreach targeting entirely different product categories.
