Disputed protected designation of origin: “Feta” Cheese

United Kingdom

A northern English cheese producer has brought an action against the European Commission over the right to use the label “feta” on its cheese products in the ECJ.

Background

In 2002 the European Commission (EC) ruled that Greek feta cheese should be afforded the same type of identity protection (protected designation of origin or PDO) as products such as French Champagne and Italian Parma ham. Consequently, this ruling meant that the label “feta” must only be used on products that originate from certain regions of Greece, which have also adhered to strict EC production specifications.

Dispute

Shepherd’s Purse Cheeses, a Yorkshire-based manufacturer of blue cheeses and the sole remaining feta cheese producer in England, lodged an appeal with the European Court of Justice, claiming that the production of feta cheese, contrary to Greek claims, was not specific to a certain geographical region and that it has in fact been producing Yorkshire feta for a number of years.

The UK has declined to provide official legal representation. However, legal representatives for the Danish and German governments (two of Europe’s largest feta cheese manufacturers) are supporting the application.

Comment

Dairy associations reportedly voiced concerns reported that a favourable ruling for the Greeks could encourage a number of similar retaliatory PDO applications from other nations. If French Brie, for instance, was successfully awarded a PDO, European dairy producers could end up paying millions for the subsequent rebranding and reformulation of their products.

This article first appeared in our Food industry law bulletin May 2005. To view this publication, please click here to open a new window.