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ARTICLE · 02 SEPTEMBER 2024

Misleading And Potentially Illegal: The Risks Of Using 'Not...' In Reference To Protected Products And Names

The use of "not..." in conjunction with product names has become a contentious issue in law, particularly concerning terms that are legally protected...

SpainConsumer Protection

The use of "not..." in conjunction with product names has become a contentious issue in law, particularly concerning terms that are legally protected or where certain criteria need to be met in order to use the description.

For example, Willicroft, an innovative vegan cheese company, previously employed the "This is not Cheese" branding as a distinctive marketing approach. The term "Not Cheese" was used to underline the products' dairy-free nature and avoid direct comparisons with traditional dairy cheeses, which are subject to stringent regulations as mentioned above.

In light of these regulatory challenges and the potential for misleading implications, Willicroft has since moved away from the "Not Cheese" nomenclature. This shift reflects a broader trend in the industry towards clearer, more compliant labeling practices.

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