Upper Tribunal hears salmon labelling appeal

This week the Upper Tribunal is hearing an appeal against the decision by DEFRA to allow the Scottish salmon farming industry to drop the word “farmed” from its Protected Geographical Indication (PGI) “Scottish Farmed Salmon.”

NGOs Animal Equality and WildFish appealed against DEFRA's decision to approve an application by the Scottish salmon farming trade body to amend the product specification for the Scottish Farmed Salmon PGI submitted under Assimilated Regulation 1151/2012, article 53, as amended by the Agricultural Products, Food and Drink (Amendment etc.) (EU Exit) Regulations 2020.

The appeal was dismissed by the Chamber President of the First-tier Tribunal, General Regulatory Chamber on the basis that the name change from “Scottish Farmed Salmon” to “Scottish Salmon” was not likely to mislead the consumer as to the product’s “true origin,” because “true origin” only referred to “geographical origin” i.e. the fact the product came from Scotland. The appellants argued that the term “true origin” should be interpreted purposively and encompasses the fact that that the product comes from salmon farms in Scotland rather than the wild.

Unusually, the Chamber President granted permission to appeal against his own decision to the Upper Tribunal, on an “exceptional” basis, following Animal Equality’s application to appeal.

The Respondent’s cross appeal will also consider whether the First-tier Tribunal arguably erred in finding that Animal Equality and WildFish had a legitimate interest in challenging the decision.

Alex Shattock represents the appellant Animal Equality, instructed for the appeal by Edie Bowles at Advocates for Animals.

The case has previously been reported in The Times and The Guardian.