Barcelona court backs Heura Foods in dispute over sustainability and health claims

Heura Foods has secured a favorable ruling from the Barcelona Provincial Court in a long-running legal dispute with Spanish meat industry associations, with the court rejecting key allegations relating to the company's sustainability and health communications while affirming its right to participate in public debate around food and agriculture.

• The Barcelona Provincial Court ruled in favor of Heura Foods on most claims brought by meat industry associations concerning the company's sustainability and health communications.
• The court found it could not conclude that Heura's messages were false or inaccurate and stated that the company's positions had considerable scientific support.
• One 2020 advertising campaign was found to require greater precision and context, a campaign that Heura said it had already withdrawn.

The case originated in 2022 when meat industry associations sued the Barcelona-based plant-based food company, alleging that its communications on sustainability and health constituted misleading advertising, disparaging advertising, and unfair competition. According to Heura, the challenge extended beyond specific campaigns and covered a broad range of public communications, including social media posts, interviews, articles, cited scientific studies, and other content.

In announcing the outcome, Heura argued that the ruling carried significance beyond the company itself, touching on the ability of businesses to engage in discussions about food systems, sustainability, and innovation.

Marc Coloma, CEO & Co-founder of Heura, said, "Today, the Barcelona Court of Appeal ruled in our favor on what matters most. Beyond Heura, it protected a right that belongs to all of us: the right to openly debate how we feed ourselves and the future of food."

The court's findings included several conclusions highlighted by Heura following the decision. Among them was a determination that restricting the company's communications in the manner sought by the claimants would represent "an unacceptable restriction of the right to freedom of expression under Article 20 of the Spanish Constitution." The ruling also stated: "We cannot conclude that the messages are false or inaccurate" and found that the positions advanced by the company had "considerable scientific support."

The judgment also addressed product naming and packaging. According to Heura, the court upheld the use of terms including 'burger', 'sausage', and 'chorizo' when accompanied by a '100% plant-based' label, while also ruling that the company's packaging pictograms were not misleading.

Throughout the proceedings, Heura maintained that its communications were based on scientific evidence and information from recognized international organizations. The company said its claims drew on scientific publications, reports from the Food and Agriculture Organization of the United Nations (FAO), the World Health Organization (WHO), and other independent bodies. It also presented research commissioned specifically for the case from experts in nutrition, sustainability, and sociology.

While the ruling largely favored Heura, the company acknowledged that it did not prevail on every aspect of the case.

One specific advertising campaign from 2020, which stated that 'A beef burger pollutes more than your car', was found by the court to require greater precision and contextual information given the reach of the claim. Heura noted that it had already withdrawn the campaign in 2020 and accepted the court's criticism. The company said the decision would encourage it to provide additional context and continue improving the way it communicates complex sustainability issues.

Coloma emphasized that the dispute was never intended as a battle between competing sectors of the food industry.

"This isn't a story of winners and losers. We didn't set out to defeat anyone. We set out to keep a door open," he said.

The CEO argued that innovation and open discussion should be viewed as opportunities for the wider food system rather than threats to existing industries.

"Limiting innovation doesn't protect the food sector, it weakens it. When new solutions can't reach the table, we all lose."

The company also used the ruling to call for greater collaboration across the agricultural, scientific, and food manufacturing communities as Europe continues to explore new approaches to food production.

"So today, more than celebrating a ruling, I want to extend a hand. To farmers, industry and science. I don't believe in a transition where anyone is left behind, but in a table big enough for everyone," Coloma said.

The case has attracted attention across the European alternative protein sector because of its implications for corporate communications, sustainability claims, and the use of traditional meat-related terminology for plant-based products.

Coloma concluded by arguing that Spain was well placed to play a leading role in the development of future food systems.

"Spain has the raw materials of what's next. The question isn't whether this transition will happen, but who will lead it. I'd rather we lead it together."

"The future of food isn't decided in the courts. It's cultivated."