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FOOD POLITICS - September 2018 Sybrand Veeger

The Holy Grill: A Poem For Carne Asada

Written by Sybrand Veeger

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The Holy Grill

The Kingdom of Meat stretches from the southern Amazonic jungle,

West to the arid Andean range,

And south, profoundly, to the Antarctic precipice –

Where the world ends in fire and ice.

   

The Carneal Kingdom honors the holy method of nourishment:

Grilling, “Asado”, in Argentine.

Politics and commerce are circumstantial here,

Even superfluous; rather,

Gastronomics and aesthetics are the spheres of influence, in Argentina – the land of “argentum”,

The land of silver, of the silver grill.

   

Argentina’s meat obsession, or fetishism,

Can be explained

(Across space and time):

Geographically and genealogically.

   

The genealogy, the roots, of the holy grill are emphatically Mediterranean.

A gastronomical instinct, with an aesthetic accent,

Landed in “Argentina” –

Sometime in the last four centuries –

Spaniards first, Italians second,

Brought their food and music,

To make Asado and Tango! –

A double aesthetic movement I like to call

Silver Mediterraneanism…

   

The geography of the asado has three dimensions:

The Pampean plains, proclaimed the cow’s Eden garden;

The Andean mounts, where the blood of Christ is preserved;

And the Patagonian desert, where only Mosaic strength survives.

These three geographical dimensions produced a method

Of potential perfection – the silver grilling.

   

Silver, or Argentine, grilling requires:

Utmost respect for the produce,

The mastering of fire making,

And a musical sensitivity to detect the symphony of crackle.

Respect, mastering, and music – ontologically fundamental to the silver meat griller.

   

To the Mediterranean genealogy and privileged geography I must add genuinely Argentine genes:

The aristocratic landowners of Buenos Aires and La Pampa;

And the neo-nomads, the Pampean-patagonic gauchos.

A curious combination of aristocratic grandiosity and gaucho simplicity made way for a unique carneal spirit (from the fusion of agriculture and nomadism):

“EL ASADO”.

   

“El Asado” is no less than a cultural institution,

Nay, a religious institution, upon reflection:

It happens normally on Sundays,

Friends and family gather for a gastro-spiritual

Shared experience.

Pious and ritualistic for most –

The revered idols are:

Chorizo, blood sausage, chinchulines, tira, vacío, molleja, and mayba bondiola:

These are pork, chicken and cow meat cuts,

A priori categories I must say,

That give substance to a socially undiscriminating food religion.

   

Asado mass lasts around eight hours,

Come at four, leave at twelve –

In between you talk, eat, talk, drink wine, eat, drink fernet, talk, talk, laugh, have dessert, drink, leave.

   

Asados punctuate friendly and family ties,

El Asado is religiously spiritual

And institutionally concrete,

Requiring technique, wine, love and meat –

No wonder conventional politics fail in Argentina:

The silver Kingdom is but ruled by food…

FOOD POLITICS - September 2018 Max Muller

Food Solidarity in the Basque Country

Written by Max Muller

In this piece, we will show how the Basque Country’s former struggle for political independence is nowadays tied to the notion of food sovereignty. We will trace the historical origins of the Basque’s passion for autonomy and relate it to its contemporary reincarnation in the form of a reappreciation of the traditional peasant lifestyle and its accompanying vision of social-economic transformation towards a more just society.

Although strictly speaking it is not a state, the Basque Country sure seems like one. Straddling along the border between Spain and France, this region is home to a culture distinct from either. Akin to the case for Catalan, their language, Euskera, has acted as a catalyst for Basque nationalism, and thus, after a long struggle, they have gained many rights for self-governance. In Spain, the Basques currently dwell mainly in the Autonomous Regions of the (somewhat confusingly called) Basque Country and Navarre.

Today’s Basque Country (Euskal Herria) is home to the rich city of San Sebastián. Or, as the Basques themselves call it: Donostia. In terms of food, this coastal town has a lot to offer.  It has the second-highest amount of Michelin Stars awarded to restaurants per square meter of all the cities in the world. In addition, it features many private establishments that are an idiosyncratic feature of Basque culture called txokos. In these gastronomic societies, people from all social strata of Basque society come together to wine, dine, and cook on a regular basis.

Basque Country has a highly industrialized economy and some provinces like Bizkaia and Gipuzkoa are very urban. However, for many inhabitants, the rural areas are the more familiar territory. This is due to the fact that there is a horticultural and agricultural tradition in the region that is practiced by people who have small farms or gardens on the edges of small towns.

A history lesson

In order to discuss the notions of food sovereignty and re-peasantisation, however, we must leave these gastro-sociological rarities aside for a moment and delve a bit deeper into Basque history. As we remarked before, the people from Euskal Herria in times past are marked by struggle. Sometimes, as in the case of the separatist group ETA (Euskadi Ta Askatasuna, which means “Basque Homeland and Liberty”), the struggle was violent. At other moments these clashes did not involve any bullets, only symbolic action.

During the 19th century, there were a number of wars between the Basques, their allies, and their opponents. The Basques and Catalans sided with the so-called Carlists, who were supporters of Carlos V, a reactionary who claimed the throne. He was angry about the onset of Liberalism in Spain and the waning influence of Catholicism and nationalism on the Iberian Peninsula. These differences in political opinion split the whole country into two factions: the Carlists and the Liberals.

The Carlists always lost.

After their third war in 1876, the government abolished the Fueros, laws unique to the Basques that ensured them a certain degree of autonomy. Coupled with excessive industrialization and fast-paced immigration of Spanish-speaking people, the Basques quickly lost much of their cherished culture and their traditional way of life. This put them on the defensive and provided fuel for an ongoing sense of nationalism.

In 1895, Sabino de Arana established the Partido Nacionalista Vasco (Basque Nationalist Party). He was determined to re-establish Euskera as the sole language in the region and to reassert its declining culture. To that end, he created a flag, an ideology, and a myth to reinvigorate the Basque lands, which he named Euskadi.

The Spanish Civil War from 1936 to 1939 can be interpreted as the Fourth Carlist War, as this conflict erupted between the Republicans (which incorporated the former Liberal faction) and the Nationalists (which included the Carlists). The Nationalists won and one of their generals Francisco Franco became the autocratic ruler of Spain.

Although this time victory was on the Carlists’ side, Francisco Franco did not grant the Basques many favors. The Euskadi government was ousted and General Franco instated a Catholic dictatorship throughout Spain. He was particularly harsh on the Basques: he outlawed their language and tried to get rid of all forms of Basque nationalism. Furthermore, he was responsible for thousands of Basque deaths and imprisonments. Most notably, he supported the German-led bombing of the Basque town of Guernica. Picasso famously depicted this brutal slaughter of civilians in a painting that bears the town’s name.

Photo by stephane333/ CC BY

Guernica held a lot of symbolic significance. It was the place where the Basques once held the ceremony of the royal oath in which the kings of Castille had to swear to follow the Fueros. In doing so, they granted the Basques their autonomy. The bombing of this historical town fueled much anger and Arana’s fervent nationalism. It also later justified, in the eyes of many Basque people, ETA’s violence towards the Spanish state.  

ETA was established in 1959 and originated in the action-oriented efforts of a group of students from the Jesuit Deusto University in Bilbao. In Sabino de Arana’s spirit, it sought for the reinvigoration of Basque nationalism. The organization was committed to a re-establishment of the Basque language and the cultural ideals of its people. Often, it did so violently. During, but mostly after, the end of Franco’s regime — he died in 1975 — they killed more than 800 people through terrorist attacks.

Eventually, the ETA got what it sought: a reasonable degree of autonomy for the Basque provinces within the Spanish Kingdom and the recognition and affirmation of Euskera as an official language in the Autonomous Communities. Nowadays, ETA’s armed struggle is over. It agreed to a cease-fire in 2011 and disarmament in 2017.  

Back to Food

What the history lesson has hopefully shown is that the idea of a struggle for identity and political self-determination is of immense importance to the Basque people. While not violent anymore, the fighting continues symbolically and culturally through the efforts of the ikastolas (Basque language schools) and a commitment to self-governance. The Basque people are unusually engaged with political activities and are committed to taking part in public meetings of local municipalities to let their voices be heard.

Recently, however, the struggle has manifested itself in quite a different way. The Basque agrarian sector has suffered severe economic blows during the 2008 recession. In addition, the concurrent processes of industrialization, mechanization, and a subsequent rural exodus have intensified the malaise. Between 1999 and 2009, the number of farms in the Autonomous Basque Community fell by more than 33%.

In order to counteract this trend, there has been an explosion of processes and activities centered on the notion of food sovereignty. This concept is linked to political sovereignty that emerged as part of a struggle of baserritarras (small peasant farmers) to protect their traditional way of life. Furthermore, it takes a stand against the propagation of agrarian modernization and the imposition of neoliberal policies of the Basque Government, who favored large-scale food industry projects over the baserritarras, which operated on a much smaller scale. As such, it is also connected with the desire for a more equal society.

It is not a coincidence these efforts are focused on the baserritarras. The language survived Franco’s dictatorship largely thanks to the small farmers in the countryside, who usually hardly spoke any Spanish at all.

Food as a way of life  

It is in this socio-cultural environment that the food sovereignty movement has emerged, gaining momentum after the financial crisis. As mentioned above, it is especially geared towards baserritarras. The organization EHNE-Bizkaia aims to preserve and support their traditional lifestyle. It is a member of the worldwide overarching peasant organization called La Vía Campesina and has 800 paying members. They determine its politics, elect its board, and receive technical services. In 2007, EHNE-Bizkaia launched a community-supported agriculture scheme called Red Nekasarea.

Red Nekasarea strategically connects 80 baserritarras to 700 households. The households are divided into consumer groups of no more than 30 households. Each peasant is linked to one consumer group. The peasants provide these groups with food baskets that usually include vegetables, meat, milk, eggs, and pasta.

Photo by Elaine Casap

Before the initiation of this project, the peasants were in a predicament. The baserritarras would sell their products as faceless producers in the globalized market. In addition, they were forced to lower their prices substantially, understandably leading to much discontent. Through Red Nekasarea, they are always able to sell their vegetables for a fair price. In addition, they know their customers personally and are told how tasty and good their products are. Whereas being a baserritarra used to be seen as something derogatory, the project brings back a sense of pride among the peasants. This feeling is reinforced because people feel that they are participating in a project for social change.

Not only does EHNE-Bizkaia engage in helping existing farmers, it also actively seeks to recruit new ones. Currently, only 10% of farmers are under 40 years of age. As such, youth are a critical part of the food sovereignty movement in the Basque Country.

In order to rejuvenate the agricultural sector, EHNE-Bizkaia offers training courses in agroecology. These courses especially attract young people, as agroecology is advantageous for its low dependency on investment, technology, and external inputs. Furthermore, they aim to foster the urban youngsters’ resurgent enthusiasm regarding the way of life as a farmer by organizing gatherings and sharing information.

You may wonder why there’s such a renewed interest for agricultural living among these young people. In most cases, they aren’t born into the peasant lifestyle. They are usually brought up in affluent families, are socially well-integrated, and have a university degree. Although the economic crisis did lead to job loss, labor instability, and a lack of opportunities — conditions that may have motivated some to migrate to the countryside — the crisis does not seem to be the deciding factor.

To many, food production and agriculture are linked with a larger goal of social transformation. Their ideal is autonomy. It is linked to self-realization and the satisfaction that comes from control over one’s own life. Their choice represents a craving for self-sufficiency and a move away from large industries. They feel that by producing food themselves, control is taken away from multinationals. The re-peasantization process is intimately tied to a desire for social change in the overall socio-economic system.

As such, the Basque peoples’ fight for autonomy has changed to yet another front. It has moved successively from actual warfare to linguistics, and now to peasant food struggles. This last endeavor is tied to important questions: how do we reconcile local values and customs with an ever-spreading economic system that favors efficiency and uniformity? How can control be regained by people in a world dominated by an increasingly small set of conglomerates aiming solely at making more profits?

Thus, the Basque food movement is emblematic of the current socio-economic tensions between the local and the global, autonomy and dependency, and finally between heterogeneity and homogeneity. Whereas the Basques used to rebel against some Castilian King or Roman Emperor, by now they protest against economic rule. Although its efforts may have marginal effects, it offers guidance and prospects to those seeking to grow a different world.

FOOD POLITICS - September 2018 Laura Alexander

Anthony Bourdain, The Memory Magician

Written by Laura Alexander

I’m lousy at food, and as far as I know his show was never broadcast in the UK, so when Anthony Bourdain died this summer, it was more or less the first I’d heard of him. Over the week or so before the next big story, obituaries filled my newsfeed and the home pages of my standard news sites. Reading them, I was amazed by the outpouring of love on the screen. My head is firmly up my own arse at the best of times, but it seemed crazy that so much love could exist for a person in the public eye without a word having even vaguely trickled through to me – I couldn’t even remember having heard the name. Before I knew it, clips of Bourdain were making their way into my killing-time-on-youtube-when-I-should-be-doing-something fare. He seemed nice, this gangly, grey haired figure standing around on street corners getting excited about things, asking questions and bouncing with enthusiasm. I searched for clips of him in the cities I’d visited, and the cities I’d hoped to visit, and salivated every time the camera zoomed in on some cheese. And then, while I was explaining to him how to make a Negroni (clearly the most delicious of summer drinks, as Bourdain, it turns out, also knew) the editor of this magazine asked me to write him a piece on the guy. All of which is a convoluted way of saying that I’ve been thinking about mussels.

My mum doesn’t like them at all, and my dad will eat them if they’re there, but isn’t really fussed, and so I went my whole childhood and adolescence without ever tasting a mussel. I knew they existed, sometimes I saw them on menus, but it would never occur to me to order them. The same is true of most seafood, but it’s the mussels that stand out. As far as I was concerned, I just didn’t like mussels, right up until the moment after my first year of university that I went to Istanbul for a week. It was the farthest I’d ever been from home on my own, and I was planning on staying there a week or so and then meandering down the coast and entering Greece through the islands.

I was nineteen and ready to explode with excitement. I’d been put in touch with a friend of a friend who could give me a couch to sleep on, and as soon as I arrived he took me out to hang on a street corner with his friends, drinking gin and playing the guitar and spitting the husks of sunflower seeds out onto the street. All of them were much older than me, nobody I’d ever met knew where I was, the night air was warm and I didn’t understand what anyone was talking about, I was in heaven. Someone looked up and across the street suddenly, at a vendor setting up a tiny stall, and then ran off and came back with a couple for mussel shells.

If you’re new in town you have to try this, they said, or something like it. I would have said I didn’t like mussels, but I was scared of losing face so I didn’t, so I slurped it down.

Photo by Priscilla Du Preez

I found out later it was called midye, mussels stuffed with slightly spiced rice and served with a twist of lemon juice. Fresh, salty, ever-so-slightly spicy, smooth-mussel-texture against the slightly rougher rice. Down in one bite and swallow, you can just keep eating them without stopping until you’re full. Sold on every street corner, with judicious warnings from everyone that the street trade in them was totally unlicensed and possibly illegal, and if you happened to get a bad one the food poisoning would lay you out for days. I had at least ten every day for a week, and then I went away and I haven’t had them since.

That was four years ago, and yet I still find myself dreaming of them, in the nostalgic way a lost love is dreamt of, like remembering the look in someone’s eyes on a particular night, like the smell of jasmine. They’re still, probably, the best thing I’ve ever eaten (although I tried steak tartare for the first time a few months ago and that suddenly became a serious contender for the prize), but it’s more than that. Alone in a big new city for the first time, a romantic and impressionable teenager with no self-preservation instincts, they were the new, the unexpected, the opening of a door I hadn’t quite known was there.

Midye shows up in Bourdain’s work. Half an hour into an episode on Istanbul from 2010, there they were. Sampled fresh down by the water with the general lack of food safety highly emphasized.

“Nothing I like better,” quips Bourdain as he strolls along the waterfront, “than unlicensed seafood of indeterminate provenance”. They are favored with a quick these are in fact excellent before the camera moves on.

No matter. My magic doesn’t have to be his. But even a cursory glance at this guy’s output is enough to get you thinking of all those meals the memory of which locks into place with the right trigger. Neapolitan pizza out of a box on the steps of a church, whiskey old fashioned out of mugs in Paris, gyros in deep-fried pitta in Athens. So much food over the years since Istanbul, mostly eaten ad hoc, outdoors and in moments of such intense joy. I don’t know much about the guy Bourdain, and I probably never will, but this gift alone, to be able to share these little jolts of magic, is enough for me to mourn, just a little, that he’s gone.

FOOD POLITICS - September 2018 Jurek Wotzel

Will a modern apple a day keep the doctor away?

Written by Jurek Wötzel

Being conscious about the health effects of the foods you buy is exhausting. Meat gives you protein, but is often packed with hormones and antibiotics; fish contains so many beneficial omega-3s, but is contaminated with heavy metals; vitamin-stuffed fruits and vegetables come with a great deal of pesticides.

As though these problems aren’t enough, people have become worried about the depletion of vitamins and minerals in grains, vegetables, and fruits produced in industrial agriculture. Now, this is truly problematic. What if your apple a day isn’t going to keep the doctor away anymore?

Researchers such as David Thomas have been studying the composition of foods for decades and have found some alarming results. For instance, analyzing government food tables between 1940 and 1991, Thomas concluded that the calcium content of potatoes has dropped by roughly 35%, broccoli has lost 80% of its copper content and carrots lost 46% of their iron. A group of Canadian researchers found that between 1951 and 1999, potatoes lost 100% of their vitamin A and 57% of their vitamin C.

Nutrition scientist Donald R. Davis told the New York Times in 2015 that the decline in minerals in foods may be particularly present in crops that have a strongly increased yield today than, say, 50 years ago. This “dilution effect” means that there is an inverse relationship between crop quality and crop quantity. In his 2009 study, he added that the dilution effect is also present with regards to protein levels of broccoli and potatoes.

Irakli Loladze, a trained mathematician that turned to biology, reported to Politico in 2017 that the rising CO2 levels may be a reason for changes in the composition of plants. The increasing availability of CO2 for plants makes them store higher levels of carbohydrates, which crowds out other compounds such as minerals and vitamins. Thus, another dilution effect appears to take over; while rising CO2 levels are beneficial for plant growth, meaning that there is potential for higher food production, this will likely result in lower quality fruit and veg.

But is our diet really getting worse as a result of the decline in trace elements and vitamins?

Photo by Toa Heftiba

Robin Marles doesn’t think so. He acknowledges the dilution effect in some crops, like fruits and vegetables, but says that there are increases in other trace elements and vitamins. In addition, as broad groups, many fruits and vegetables naturally have wide ranges of variation in their mineral or vitamin content. Hence, different breeds of a plant may display different levels of certain compounds. Simply classing all breeds under the same category, as previous studies have done, skews the results because some breeds may be much more prevalent today than decades ago.

Richard Mithen from the UK Institute for Food Research says that our health is, in fact, largely unaffected by the changes in food composition. “We use different fertilizers now, we have different pollution which may have an effect. Some of these minerals may have gone down, others will have gone up. However, the health implications of this are not at all apparent”, he tells The Guardian. Slight mineral or vitamin deficiencies have been linked to chronic diseases of the cardiovascular system or diabetes, but it is unclear whether this cause-effect relationship holds. Nonetheless, Mithen, too, must admit that the dilution effect is real, and that many plants that have been bred for yield have not been able to take up trace elements and vitamins proportionally to their carbohydrate content.

So what’s the deal? For one, the composition of some of our foods is changing. Second, this may be due to a variety of reasons including climate change as well as industrialized agriculture. This does not mean that our diet has worsened to a concerning level, but it does mean that we have to be diligent in ensuring that we get enough of the right nutrients in our body.

It is worth considering reducing the amount of grains, fruits, and vegetables that one buys from large supermarket chains and, instead, switch to locally produced goods that aren’t affected by modern agronomic technology. Anthony Fardet and Edmond Rock from the French National Institute for Agricultural Research note in line with a great deal of other researchers that the reductionist view of food composition, as I have used it in this article so far, is insufficient to account for the true health effects of diet. The reductionist view presumes that we can isolate 1-1 cause and effect relationships when it comes to nutrition. Nutrition scientists such as Fardet and Rock think this is too simplistic. Rather, they support the view that the health effects of diet are nets of multicausal links.

Acknowledging this means adopting a holistic view of preventive nutrition. Vitamins and minerals cannot be isolated and simply be ascribed the same effects in different circumstances. For example, an apple may contain a range of different fibers and carbohydrates which ease vitamin C resorption, whereas a banana may lack those properties. Different foods have interaction effects with each other, enhancing or diminishing the benefits of their compounds. So the change in the composition of our foods can have long-lasting effects which cannot be measured by purely looking at the amount of mineral X or vitamin Y. Analysis needs to encompass a greater variety of variables.

Therefore, to take the safe route, one can buy the produce breeds people have been eating for hundreds of years. They are likely to be unaffected by modern production techniques that are thought to significantly alter dietary effects. In line with Nassim Nicholas Taleb’s philosophy, it is always a good idea to only expose your body to the foods that we have ancient wisdom about.

A great example of applying this principle is sticking to the Mediterranean diet, which has frequently been shown to reduce mortality and risk of chronic diseases. A holistic approach means that without yet knowing the concrete causal links, we know that something about this dietary pattern is good for us. Additionally, in Mediterranean countries, the degree of industrialization of agriculture is much lower than in the US, the Netherlands, or Germany, for instance. Foods are less subjected to intervention, and thus, their composition is not prone to quick changes.

All in all, if you generally eat well, your daily apple will probably still save you your trip to the doctor. Yet, if you want to be sure about what you eat or improve your diet even more, take a holistic approach and be aware that industrially produced foods may have different nutritional values and different compositions. In the end, it is difficult to know whether your otherwise healthy industrially produced diet has an immediate impact on your well-being; but given a choice, choosing the safe option is never a bad idea in itself, even if it is a little exhausting.

FOOD POLITICS - September 2018 Phillip Morris

Greenhouse Gases Fresh From the Farm

Written by Phillip Morris, Editor-in-Chief

Despite the efforts of a few backward individuals, the world has recognized the need to mitigate the impact of climate change by reducing GHG emissions. The world has however been slow to recognize the important part that food will play in facilitating that reduction. Even further behind is the acknowledgment that primarily meat-based diets are unsustainable.

Global agriculture emissions contribute 20-30% of the GHGs annually. The EU has acknowledged that agriculture contributes to climate change, but when it comes to policy the focus has long been on ensuring food security and economic performance, which helps explain why methane was excluded from the National Emissions Ceiling Directive even though methane emissions from livestock are a significant part of overall emissions.

Some of the agricultural emissions come from the CO2 exhausts of machines used in agricultural production; these will be reduced by legislation that limits vehicle emissions, and market forces that encourage hybrid and electric vehicles. What is likely to continue to be overlooked is the amount of GHG produced by the animals raised for food, and specifically bovines. When organic compounds break down in an anaerobic environment, like animals digestive tracts, they produce methane, a GHG 10 times more efficient than CO2 at trapping heat. These then get released in a constant stream of burps and farts.

Agriculture emissions would be significantly reduced by a cultural switch from meat to plant-based diets, yet, in the name of preventing consumer confusion, the EU, Germany, and most recently France have passed policies that make it more difficult to market plant-based alternatives to animal products by preventing the use of terms traditionally associated with animals. It’s such a bad idea, that 45’s head of the US FDA considers it a good idea and is making similar moves to crack down on the use of the term almond “milk”.

These policies hinder the adoption of plant-based diets because consumers are use terms like “burger”, “sausage” or “milk” when deciding between products, even for plant-based alternatives. The European Vegetarian Union has already released a position paper denouncing legislation banning “meaty names” as an arbitrary decision, but denunciations are rarely enough to bring change. When politicians are caving to industry lobbyists over common sense you’ve got to hit them where it hurts.  

Photo by Jez Timms

Taking Action

Article 11 of the TFEU, which it has been argued applies to Member States along with EU organs, requires public policies to balance their objectives with their impact on the environment, but it doesn’t appear that such consideration was given with these restrictive policies. On the other hand, the companies subject to the restrictions actively promote their environmental consciousness.

Professor Johan Rockstrom of the Stockholm Resilience Centre has stated that despite the benefits of a plant-based diet for the environment and human health, eating meat is too culturally embedded in the developed world to be easily changed. Indeed, studies have found that consumer awareness of the environmental impact of animal-based meals in Europe is less than 50%. Still, individuals have recognized that their diet can impact climate change and a growing number are making changes to reduce their contribution by reducing the amount of meat in their diets and reducing food waste. Where the embeddedness of meat consumption comes into play is in government policy, where there has been plenty of acceptance that agriculture overlaps with health and the environment in general, but less so for climate change specifically. Any policy that neglects to consider the industry’s contribution to climate change is worth challenging.

The French law is really ripe for challenge because it is based on a misinterpretation of a Judgement of the CJEU. In this instance, the National Assembly states “Names associated with products of animal origin may not be used to market food products containing a significant proportion of plant-based materials…” It then gives “steak”, “fillet”, and “sausage” as examples of such names. It cites June 2017 Judgement of the CJEU for Case C-422/16 Verband Sozialer Wettbewerb eV v TofuTown.com GmbH as the basis for its logic. However, that judgement differentiates between substitutes for meat and substitutes for milk, “In the present case, that the fact that, as regards sales descriptions, producers of vegetarian or vegan substitutes for meat or fish are not, according to TofuTown, subject to restrictions comparable to those to which the producers of vegetarian or vegan substitutes for milk or milk products are subject, pursuant to Annex VII, Part III, to Regulation No 1308/2013, cannot be regarded as inconsistent with the principle of equal treatment.” This should imply that meat substitutes are not prone to causing similar levels of confusion to consumers as substitute milk products and so don’t need to be included in the restriction.

Additionally, Regulation No 1308/2013, and related Regulation No 1305/2013, do not seem to address the relationship between agriculture and climate change, except for mitigating the latter’s impact on the former. This goes against Article 11 of the TFEU, whereby “Environmental protection requirements must be integrated into the definition and implementation of the Union policies and activities, in particular with a view to promoting sustainable development.”

Where I believe the error lies in the Judgement is its test of proportionality which references protecting consumers from confusion and finds restricting the use of the term “milk” appropriate for meeting that objective. I have not yet found a broad study on the level of confusion among EU consumers deciding whether “milk” or “soy milk” are both animal products, but that can serve as evidence that, in general, consumers can tell the difference. Other similar studies would support this conclusion.  In the late 1990s when McDonald’s tried to block the trademark for “McVeg” vegetable burgers, The Australian Trade Mark Office reached the conclusion that “the practical risk of deception or confusion is completely negligible.” In the lead up to Germany’s law, a study conducted by The Federation of German Consumer Organizations found that only 4% of consumers said they bought a plant-based meat substitute by mistake.

New Avenues for Climate Change Litigation

The trend in climate change cases has been to target the biggest and most obvious players: oil and gas companies, and the governments in charge of their regulation and licensing. This, of course, makes sense considering the share of greenhouse gases emitted from their products. These companies are low hanging fruit in terms of their obvious contribution to climate change, but they represent a challenge in securing favorable outcomes due to their deep financial pockets and political connectedness. A cost-effective strategy for fossil fuel companies is to drag litigation out as long as possible to the point where continuing is not a viable option for the plaintiffs, either financially or politically.

While in no way suggesting that these efforts should not continue, I do believe it’s necessary to explore other possible targets. A first step would be for the EU to roll back its unnecessary policies and direct its Member States to follow suit. The next step would be for governments to take the opposite policy position to support efforts to adopt a plant-based diet and in doing so support their citizens trying to make a difference, one meal at a time.