Dairy giant Lactalis brings Nutri-Score to EU’s top court

France’s top administrative court will refer the case concerning the Nutri-Score nutrition label to the Court of Justice of the European Union (CJEU), according to a decision seen by Euractiv.

Nutri-Score is a voluntary, colour-coded labelling system classifying foods with an algorithm scaling their nutritional value from A-green (best) to E-red (worst). It was first introduced in France in 2017 and has since been adopted by several other European countries, including Germany, Belgium and Spain, where its use is uneven. Others, particularly Italy, are fiercely opposed to it.

The referral, first reported by AFP, follows a request by French dairy group Lactalis to annul a government decree of 14 March 2025, which updated the algorithm used to determine the classification.

The label, they say, is incompatible with the EU regulation on food information to consumers because it also relies on the intake of fruits, vegetables and nuts in a product, and the presence of sweeteners. These elements are not part of the mandatory nutritional information listed in the nutrition declaration under the regulation – such as calories, sugar, or salt.

Following the complaint, France’s Council of State will ask CJEU to clarify if the EU law allows France to recommend a complementary nutrition logo even if it does not separately display all mandatory nutritional information. If so, it will also ask whether such a logo may be based on additional criteria beyond those listed in the mandatory nutrition table.

Once the referral is formally registered, it typically takes around 16 to 18 months for the bloc’s top court to give its position.

Food industry exit 

Nutri-Score has been at the core of the EU controversy on nutritional information to consumers. While it is still relatively successful in France, with around two-thirds of processed food products displaying it, its spread in other EU countries has reached a plateau over the past two years, a new study from the National Research Institute for Agriculture, Food and the Environment (INRAE) shows.

The research finds a decline in the market share of brands using the Nutri-Score, as big players in the food industry withdrew their support for the scheme following the changes in the algorithm.

In September, Danone announced it would remove the Nutri-Score from its milk-based drinks, joining brands such as Krisprolls and Bjorg. In recent months, the group has gone further, also withdrawing the label from its well-known dessert creams, alongside several other brands, including Kellogg’s.

At the EU level, the scheme has long faced criticism. A proposal to roll it out across the EU was considered by the Commission in 2022, but was never presented.

Countries such as Italy strongly oppose it, arguing that it unfairly penalises certain traditional foods. Portugal even reversed plans to adopt the label.

In France, when the Agriculture Ministry unveiled the decree updating the algorithm, it said the revised system would ensure that traditional products are not unfairly disadvantaged.

(adm, ow)