Lactalis Challenges France’s Adoption of Nutri-Score in EU Court
Lactalis, a major dairy company, is challenging France's official adoption of the updated Nutri-Score algorithm, a front-of-pack labeling scheme that evaluates products based on their nutritional value. The company argues that the changes to the algorithm unfairly downgrade dairy products by reclassifying some as beverages, thus altering their assessment criteria. These changes have already led to significant controversy, as seen with Danone's departure from the scheme in 2024, citing disagreements over these algorithmic adjustments.
The Nutri-Score scheme has been adopted by several European countries but has faced opposition, particularly from Italy. In 2023, the algorithm was modified, affecting the classification of dairy products. Under the new system, liquid dairy products are categorized as beverages, which impacts their scoring. For instance, semi-skimmed milk was downgraded from an 'A' to a 'B' rating, and whole milk from 'B' to 'C'. In the beverages category, only water can achieve an 'A'.
Lactalis's legal challenge is not solely about the classification of dairy products. The company also contends that Nutri-Score violates EU food information regulations, specifically Regulation (EU) No 1169/2011. This regulation governs food labeling and requires clear distinctions between nutrients and energy values in what it terms a 'nutrition declaration'. Lactalis argues that Nutri-Score unlawfully combines these elements into a single synthetic score, which is not permitted under the regulation.
In September 2025, the case was initially brought before France's Conseil d'État, which then referred it to the Court of Justice of the European Union (CJEU) for interpretation under EU law. The CJEU typically takes 18 months to two years to deliver a judgment on such preliminary ruling proceedings, although complex cases may take longer.
The outcome of this case could have significant implications for Nutri-Score, which has already seen decreasing industry and EU interest. The case will address how much flexibility the existing EU regulation provides for front-of-pack labeling schemes like Nutri-Score.
