The new trend toward non-alcoholic products – what should suppliers keep in mind?

Non-alcoholic beverages are not only becoming increasingly popular, but are also developing in terms of their variety. The former niche product, non-alcoholic beer, has now even become a weekend classic. More and more wineries are also expanding their repertoire with non-alcoholic varieties. Young people in particular are interested in non-alcoholic versions of unusual mixed drinks, which until now have mostly only been available with alcohol. The market is responding to demand and supply is increasing.

However, recent court rulings show that suppliers of non-alcoholic beverages such as non-alcoholic wines, beers, or non-alcoholic aperitifs should keep an eye on a few issues. In particular, the following questions arise: What statements can be used to advertise non-alcoholic beverages, and when can a non-alcoholic beverage be given the same name as its alcoholic counterpart?

The individual questions are explained in more detail below and answered with brief practical tips.

I. Can a product be labeled as non-alcoholic gin, rum, or vodka even though it is alcohol-free?

Many suppliers are now increasingly offering non-alcoholic versions of protected spirits categories. These beverage categories are protected by the Spirits Regulation (Regulation (EU) 2019/787). Annex I of the regulation specifies the requirements for the individual categories of spirits. For example, in order to be labeled as "gin," gin must have a minimum alcohol content of 37.5 % by volume. This means that a non-alcoholic product with 0.00 % alcohol by volume cannot bear the same name.

This means that, under the current legal situation, the answer to this question is "no." This is also the view of the Regional Court of Braunschweig in its decision of October 16, 2024 (Ref.: 22 O 2566/23). It states:

"Contrary to the defendant's opinion, the Spirits Regulation pursuant to Art. 1 (1) 3rd indent applies to the facts of the case because the regulation contains provisions and labeling requirements that also apply to foods other than spirits."

At the same time, however, it appears that a possible violation of Article 16 of the Charter of Fundamental Rights of the European Union by the Spirits Regulation is being considered. The prohibition on labeling non-alcoholic products as certain categories of spirits is disproportionate. At least, that is the view of the Regional Court of Potsdam, which has suspended its proceedings and referred questions on this matter to the ECJ (see Regional Court of Potsdam decision of August 6, 2024 – 52 O 40/23).

In practice, caution and patience are required. Until the ECJ has ruled on the matter, it seems advisable to refrain from labeling non-alcoholic products as non-alcoholic variants of specific and protected spirits.

II. Can the word "healthy" be used to advertise non-alcoholic beverages?

The Schweinfurt Regional Court recently had to deal with the advertising slogan "Non-alcoholic wine is the ideal companion for anyone who enjoys healthy living" in its decision of March 19, 2025 (Ref.: 5 HK O 23/24). The Baden-Württemberg Consumer Advice Center accused a supplier of non-alcoholic wines of using inadmissible health claims within the meaning of the Health Claims Regulation. The Regional Court of Schweinfurt ruled in favor of the Consumer Advice Center. It found that the statement was indeed a health claim within the meaning of Article 2(2) of Regulation (EC) No. 1924/2006, which is prohibited under Article 10(1) of Regulation (EC) No. 1924/2006. According to the case law of the Federal Court of Justice, a statement is also considered a health claim if it expresses that negative or harmful effects on health, which in other cases are associated with or follow the consumption of a food, are absent or less severe (see Federal Court of Justice judgment of May 17, 2018 – I ZR 252/16). The Regional Court of Schweinfurt applies the principle of the Federal Court of Justice to the slogan in dispute in such a way that the advertising slogan implies that consuming the supplier's non-alcoholic wine would eliminate or at least reduce the harmful or negative health effects associated with consuming alcoholic wine.

For suppliers of non-alcoholic products, this means that advertising with health-related slogans should be avoided, especially if the slogans imply a comparison with the health effects of alcoholic products.

III. Outlook

The request for a preliminary ruling initiated by the Regional Court of Potsdam is to be welcomed. If the outcome is that the designation "non-alcoholic gin" is permissible, it can be assumed that the same will apply to other spirits such as whiskey, vodka, rum, etc. It therefore remains to be seen.

With regard to health claims, it is not expected that the principles of the Federal Court of Justice will change for the time being. Rather, companies should reconsider their own advertising campaigns and avoid health claims within the meaning of the Health Claims Regulation.