An appeal by Animal Equality to stop the Scottish salmon industry from dropping the word ‘farmed’ from its Protected Geographical Indication (PGI) has been rejected by the Upper Tribunal.
The Upper Tribunal said the First-tier Tribunal “did not err” when in January 2025 it ruled the phrase “likely to mislead the consumer as to the true origin of the product” was limited to country and region rather than extending to how a product was made.
“The high point of Animal Equality’s argument is that the phrase ‘true origin of the product’ does not include the word ‘geographical’ and therefore true origin may cover something in addition to the true geographical origin of the product,” Upper Tribunal Judge Wright said. “This is not a persuasive argument.
“The ordinary or literal meaning of ‘origin’ is from where something comes, is derived or begins,” the judge added. “In addition, it is difficult to discern on the language why the methods of producing the product are concerned with the origin of the product.”
Responding to the decision, Defra said it was “reassured” that its “processes are considered to be effective and robust”.
Salmon Scotland, the industry body which applied for the non-minor amendment to the product specification for the Scottish Farmed Salmon PGI in 2023, was also pleased, saying “this is another failed challenge by anti-salmon campaign groups which has wasted taxpayers’ money and official time”.
“The ruling supports the change from ‘Scottish farmed salmon’ to ‘Scottish salmon’, helping protect salmon of Scottish provenance from imported products,” the organisation said. “It also establishes an important legal principle for other sectors that could face similar challenges from activist organisations in future.”
It likewise added that “all seafood sold in the UK must still state how it was produced”, meaning shoppers would “continue to be clearly informed that Scottish salmon is farm raised”.
However, in a win for Animal Equality, the Upper Tribunal rejected Defra’s cross-appeal challenging the First-tier Tribunal’s decision allowing the campaign group to appeal.
This was described as an “important win for transparency and accountability” by Advocates for Animals solicitor Edie Bowles.
“The tribunal has confirmed that organisations acting in the interests of consumers can challenge the use of protected food designations, rejecting Defra’s attempt to restrict that right to those with an economic interest,” she said, adding this meant producers “cannot use these schemes without scrutiny” and that NGOs could continue to “hold them to account”.
She added that the door remained “open to further appeal” on whether removing ‘farmed’ was misleading, which she said “raises an important and unresolved question of law”.
”If anything, this case has shown just how little value the PGI seems to offer for consumers,” added Animal Equality UK executive director Abigail Penny. “Intent on protecting commercial interests, consumers are left without critical information.”
Separately, WildFish applied to cancel the PGI for Scottish (Farmed) Salmon following findings in separate competition proceedings indicating that Scottish and Norwegian farmed salmon are effectively indistinguishable, which renders the PGI meaningless.
Defra rejected the cancellation request and WildFish has consequently appealed to the General and Regulatory Chamber of the First Tier Tribunal.
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