Commission Failed to Meet Obligations Under Article 85 (1) of the Treaty, According to Court of First Instance Ruling
Servin' Up a Controversy: Egg Liqueur vs Vegan Liqueur - A Legal Standoff
By Dan Sprenger
An unexpected clash has erupted in the spirits industry, with the Egg Liqueur Producers Association suing a vegan liqueur manufacturer. And guess what's at the heart of the spat? You guessed it - the label on the bottle! The association argues that branding a drink as "liqueur without egg" defies EU law, while the upstart manufacturer stands defiant, stating their chosen label is a clear statement of their vegan alternative.
Egg-Free Liqueur: A Thorny Issue for the Producers Association
The Egg Liqueur Producers Association has branded the tag "liqueur without egg" as a violation of EU law, specifically the EU spirits regulation. Their lawyer, Christofer Eggers, explains that labels for certain products may not be used if they don't comply with the product's legal provisions.
The Rebel Brewer from Henstedt-Ulzburg Speaks Up
Ole Wittmann, managing director of Nachlass Warlich GmbH based in the Kreis Segeberg, disagrees. His vegan egg liqueur alternative, deliberately devoid of egg, has the offending label. According to Wittmann, he intentionally chose the "liqueur without egg" name to make it clear what his drink offers - a vegan alternative to the familiar classic.
His drink, developed on a soy base, explicitly avoids eggs. Wittmann opted to fight the ban on the name "liqueur without egg" instead of signing a cease-and-desist declaration because he doesn't see any improper use of the term "egg liqueur" in his own. In his view, the name communicates the essence of his product perfectly, distancing it from the word "egg liqueur."
A Battle of Legal Wits
During the brief trial on Tuesday, both parties expressed a preference for a court decision over an out-of-court settlement, proposed by the judge. The judge plans to deliver the written judgment on July 17.
To cover his legal costs, Wittmann launched a crowdfunding campaign at the start of April, creating a special edition of "liqueur without egg," with a censored label featuring a rooster feather covering the word "egg." If funds remain after the trial, Wittmann plans to donate to an animal welfare organization.
Legal Loop: Spirits Industry Association vs Startup from Segeberg
The spirits industry association has taken legal action against a startup from Henstedt-Ulzburg due to the name of their vegan egg liqueur alternative[2].
Liqueur Without Egg: A Startup Holds its Ground against the Industry Giants
The spirits industry protection association challenges the "liqueur without egg" designation as a breach of EU law[2].
- Despite the legal challenge from the Egg Liqueur Producers Association, the startup, Nachlass Warlich GmbH, stands firm in using the label "liqueur without egg" for their vegan alternative.
- In the midst of the legal standoff, Ole Wittmann, the managing director of Nachlass Warlich GmbH, raises funds for his legal costs by selling a special edition of "liqueur without egg" and plans to donate any remaining funds to an animal welfare organization.
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