Soy still stuck in legislative vacuum, say MEPs

MEPs and soy producers are calling on the European Commission (EC) to drag soya out of legal limbo and allow manufacturers to use the term ‘soya milk’ on their products.

Although the phrase is routinely used by consumers, it is not permitted on packaging because of a 20-year-old Regulation (EEC 1898/87) restricting the use of the word ‘milk’ to substances secreted from mammary glands. Thus labels such as ‘soy drink’ are routinely used on products that are clearly intended as cows’ milk substitutes.

Exemptions have been made for ‘coconut milk’ and ‘almond milk’, which are both allowed under European law. But the EC has inexplicably failed to grant similar concessions to soy companies, said MEP Anne Laperrouze. “On what basis does the Commission officially dismiss the possibility of amending the list of exceptions provided for in Council Directive 88/556/EEC and introducing the designation ‘soya milk’?”

The European Natural Soyfood Manufacturers’ Association (ENSA) said a long-awaited report published by the EC over the summer outlining its position on the use of the term ‘milk’ did not even mention soy: “After twenty years of silence, the EC finally published the document: a concise six-page report in which data from various member states was omitted. By not mentioning the soya sector, which is considered as “marginal”, the EC made a deliberate choice. This report could have been an excellent opportunity to bring regulations in line with consumers’ reality. A twenty-year delay for a mediocre report. European consumers deserve better than that from EU institutions.”

A failure to include terms such as ‘lactose-free’ or ‘cholesterol-free’ in the list of nutrition claims permitted under the new European Nutrition and Health Claims Regulation was also a set-back for the soy sector, said ENSA president Bernard Deryckere. “It is very frustrating, but we will continue to lobby on both fronts. What is quite bizarre to me is that they claim to have made their decision regarding the designation [of which products can carry the ‘milk’ label] based on ‘general feeling’. What general feeling? The term soymilk is perfectly legal in the US and Asia and all the evidence suggests that it’s widely used by consumers in Europe as well. It’s the Commission that has not kept up with ‘general feeling’. The legislation is completely outdated and it’s not acceptable.”

The European market for soya-based products has experienced remarkable growth in recent years, showing a 32% rise in volume between April 2005 and April 2007. Growth has been particularly strong in Germany, Italy and the Netherlands, although Great Britain still generated a 23% rise in volume over the period, he said. “In the current context, few other food sectors can boast similar success.”