Heura wins in the meat industry in the courts: its vegan products can be defined as 'burger' or 'sausage'

BarcelonaThe plant-based protein brand Heura wins a legal battle against various meat sector associations that accused it of unfair competition. In a ruling published this Monday, section 15 of the Provincial Court of Barcelona has endorsed the use of terms such as 'burguer' or 'sausage' to refer to its vegan products, thus dismissing a large part of the lawsuit filed against it within the framework of various advertising campaigns launched from 2020 onwards.

In the eyes of the magistrates, the labeling of Heura's products where the controversial denominations appeared —'burguer', 'chorizo', 'sausages' or similar— also explicitly indicated the "100% plant-based" nature of the product. Similarly, the pictographic images of animals drawn on the packaging occupied a "marginal" position and were accompanied by the expression "Wow 100% plant-based". At the same time, the Provincial Court relies on various market studies to conclude that potential buyers "correctly understand the origin of Heura's products".

On the other hand, the magistrates also do not consider that the company has engaged in acts of illicit comparison, as the meat industry claimed. In the view of the reporting associations, Heura's messages were "misleading", as they considered that its advertising could assimilate its products and meat products despite "not satisfying the same consumer needs".

Regarding this point, the ruling cites the principle of comparative freedom, arguing that Heura could refer to competitors as long as a series of requirements were met. In this regard, the magistrates consider that the Catalan group's advertising refers "to one or more specific competitors" and, therefore, does not infringe any law.

Only lost battle

The only legal battle lost by Heura within the scope of the ruling concerns an advertising campaign launched by the company in 2020, which claimed that "a meat burger pollutes more than your car".

The advertising action consisted of the display of an 18 x 14 meter banner on Toledo street in Madrid, one of the most central streets in the Spanish capital, as well as the publication of various messages on social networks. In the ruling, the Provincial Court considers that the campaign can be considered "misleading advertising", in accordance with Article 5 of the competition law.

In this regard, the magistrates responsible for the case order Heura to remove all content and materials – both in physical format and on social networks – where the message appeared. Similarly, the use of the slogan is also prohibited, in what could be considered an "illicit" conduct. The ruling issued this Monday is not final; therefore, an appeal for cassation can be filed and the case elevated to the Supreme Court.