After having suffered three convictions at first instance in 2021 for “acts of disparagement” or “unfair and deceptive commercial practice” against representatives of the charcuterie industry, the Yuka application obtained a first legal victory : in a judgment published on Thursday December 8, the Aix-en-Provence Court of Appeal overturned the judgment of September 13, 2021 in the case opposing the nutritional information site to a Provençal company, ABC industrie. At the heart of this litigation: the issue of nitrites, these additives which extend the shelf life of charcuterie, and incidentally, which give their pink color to ham. For years, scientific publications have been accumulating on the genotoxic and carcinogenic nature of nitroso compounds, formed in the digestive tract during the consumption of nitrites, the prohibition of which has been requested by doctors and patient and consumer associations.
It was on the basis of economic damage that ABC industrie had attacked Yuka, which claims 18 million users in France, noting that its hams obtained a bad score of 9/100, accompanied by a mention “Avoid” indicating the presence of nitrite additives. The company also disputed the fact that Yuka offers, directly via its application, a referral to a petition calling for the banning of nitrites, launched jointly with the League against Cancer and the Foodwatch association.
In its judgment, the Aix-en-Provence Court of Appeal considers that the poor rating given to the hams is supported by “criteria perfectly explained to the consumer on the application”. The Court of Appeal recalls that Yuka’s activity aims to inform the consumer and help him in his choices. “By disseminating the information as provided on its application, the Yuka company has not exceeded the freedom of expression recognized by the texts”notes the court, which considers that Yuka is justified, as such, to refer from its site to a petition page.
“Attempt to muzzle risk information”
“This decision puts an end to the attempt to muzzle information on the risks associated with added nitrites”, reacts Julie Chapon, co-founder of Yuka. Between the conviction at first instance and its reversal by the Court of Appeal, a major step in this case took place in July: the publication of an opinion by the National Agency for Food Safety, the Environment et du travail (Anses), confirming the link between exposure to nitrites and the risk of colorectal cancer, an opinion to which the Aix-en-Provence Court of Appeal referred several times. This link was already at the heart of the classification in 2015 by the International Agency for Research on Cancer (IARC) of processed meats as “proven carcinogen”. Without commenting on a ban on these additives, ANSES recommends “proactive measures” to reduce ” as much as possible “ their use in food.
You have 44.94% of this article left to read. The following is for subscribers only.