Plant-Based Product Roombeter Must Change Name

Upfield (now Flora Food Group) must change the sales name of its product ROOMBETER. The plant-based product may compete with with butter as fiercely as it wishes. It may also state on the packaging that its product is a 100% plant-based alternative to butter. But ... Upfield is not allowed to use the product name ROOMBETER (CREAMBETTER in English). Why not? According to European regulations, certain dairy designations, such as cream and butter, may only be used for dairy products. In summary proceedings, the Dutch Dairy Organisation (NZO) wins. 

Last year, NZO objected to the old packaging of the plant-based alternative to butter Blue Band Roombeter, which contains a golden wrapper and a letter 'o' (or 'e') resembling a butter curl. The packaging looked like this (see image).  

The Advertising Code Committee (in Dutch) found that the packaging was indeed misleading. The spelling makes it look like it is real butter. And it isn't. But the ACC did not want to give an opinion on the use of the product name Roombeter as a banned dairy term. That is up to the court, according to the ACC.

NZO then asked the court in summary proceedings to ban the name ROOMBETER. Meanwhile, Upfield had changed the packaging to the blue version. The judgment only concerns the product name ROOMBETER (and not the other text). 

The European legislation on dairy is very clear. Dairy terms such as Cream, Butter, Yoghurt cannot be used to describe a plant-based product. This can only be done if it actually contains dairy. Blue Band Roombeter is used as a product name. The preliminary relief judge (in Dutch) finds that this is not allowed. That ruling is in line with European legislation and case law. Is nothing else allowed? Yes indeed. Upfield is allowed to state on its packaging that the product is a 100% plant-based alternative to butter. And it may promote its product for the reason that it is better for the climate. But the designation 'cream' cannot be used in the product name: cream in the product name is only allowed if it actually contains cream. 

Ebba Hoogenraad, Maarten Haak and Myrna Teeuw handled the case for NZO.