Defra’s decision to allow farmed salmon producers to drop the word ‘farmed’ from labels is back in court.
Animal rights group Animal Equality is appealing the department’s decision to allow the Scottish salmon farming industry to drop ‘farmed’ from its Protected Geographical Indication (PGI).
The First-tier Tribunal found for the government last year, following an initial appeal by Animal Equality and fellow NGO WildFish, where government lawyers argued the word was “pejorative” and “not in the economic interest of producers”.
A Defra cross-appeal will also see the Upper Tribunal decide if the First-tier Tribunal was correct in allowing Animal Equality to appeal.
“PGIs are used to communicate to the consumer the quality or reputation of a product,” said Advocates for Animals solicitor Edie Bowles, acting for Animal Equality. “They should not be used to mask a negative reputation, the removal of ‘farmed’ from the Scottish Farmed Salmon PGI does exactly that.
“It is unlawful for advertisements to mislead a consumer in a way that affects their purchasing decisions, it would therefore be wholly inconsistent with this principle to amend the PGI in this way.”
The request to remove the word ‘farmed’ came from industry body Salmon Scotland in July 2023, when it applied for a non-minor amendment to the product specification for the Scottish Farmed Salmon PGI under Article 53(1) of the Assimilated Regulation. This was approved by Defra in April 2024.
Animal Equality filed a ‘notice of opposition’, followed by a ‘reasoned statement of opposition”, later the same month, which Defra said was inadmissible. Animal Equality and WildFish then appealed to the First-tier Tribunal.
“If the appellant is correct as to the meaning of ‘true origin of the product’ then the answer to that question is obvious: plainly the proposed name is misleading,” said Landmark Chambers barrister Alex Shattock in Animal Equality’s skeleton argument.
“When consumers buy ‘Scottish salmon’ as opposed to what was previously labelled ‘Scottish farmed salmon’ they are likely not to realise it is farmed as opposed to wild caught (not least because of the long-established previous label, ‘Scottish farmed salmon’).”
Although not part of the appeal, WildFish Scotland director Nick Underdown said the case was important for the wider debate about transparency and sustainability claims in food production.
He alleged the bid to change the PGI was an attempt to “greenwash industrial salmon farming by wrapping it up in the cultural identity of Scotland’s wild salmon heritage”.
“Separately, WildFish has asked Defra to scrap the PGI status for ’Scottish salmon’ altogether, particularly following findings by the Competition & Markets Authority, which found that there was no meaningful distinction between Scottish and Norwegian farmed salmon products,” he said.
Underdown added: “Consumers need clear and accurate information about the food they are buying and the methods used to produce it. Misleading labels like ’Scottish salmon’ risks normalising a production system that is placing unsustainable pressure on threatened wild salmon populations.”
Defra and Salmon Scotland declined to comment.
No comments yet