Czech Dairy Spread Is Not “Butter,” EU Court Says

The General Court of the European Union has upheld a ruling that
pomazánkové máslo, a product primarily marketed in the Czech
Republic, cannot be labeled as “butter” under the single common market
organization (CMO) regulation. Czech Republic v. European Commission,
No. T-51/14 (Gen. Ct., order entered May 12, 2015). The product, a
spread used in similar ways to butter, has a minimum fat content of 31
percent by weight, a minimum dry nonfat milk-material content of 42
percent, and a water content of up to 58 percent. The court ruled that the
product does not meet the regulation’s standards, which require between
80 and 90 percent of milk-fat content, a maximum water content of 16
percent and a maximum dry material content of 2 percent. Further, the
court ruled, the Czech Republic cannot circumvent the provisions of the
single CMO regulation by claiming to be exempt if the product is not on
the exemption list. See EU Press Release, May 12, 2015.

Issue 565