A US appeals court confirmed on Friday: the term Gruyere actually refers to a common name in the US and cannot be reserved only for this type of cheese from France or Switzerland.
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Interprofession du Gruyere, which represents players in the sector in Switzerland, and its French counterpart, Syndicat interprofessionnel du Gruyère, have attempted to register the term in the US Registry of Certified Brands.
But faced with the organization’s refusal, they filed a complaint and lost the first instance in early 2022.
Court of Appeal judges upheld the verdict.
The U.S. does not have the same protection for food names as in Europe, such as the Protected Geographical Indication (PGI) that protects Gruyere in France, they argue in their ruling.
The FDA, the agency responsible for food safety, defines several criteria for Gruyere, such as having “small holes” or being aged for at least 90 days. But the criterion of geographical origin is not included.
And “the cheese, no matter where it is produced, has been sold under the name Gruyere in the United States for decades.” They also say whether it was made in Wisconsin, USA or imported from the Netherlands, Germany or Austria.
In conclusion, they write, “What is clear from the record is that: Plaintiffs cannot dispute that cheese consumers in the United States understand that ‘Gruyer’ refers to a type of cheese that constitutes a generic term.”
The decision has been welcomed by many players in the dairy industry in the US, including the American Milk Producers Federation, who hope the registration will encourage the French and Swiss professional federations to “stop trying to usurp the common name from food”. A sign.
On the other hand, the Swiss and French federations are “disappointed”, according to their lawyer.
“We believe the actual situation in the U.S. market is different from what the appeals court described, and we will vigorously continue our efforts to protect Gruyère AOP quality product certification in the U.S.,” Richard Lew said in a news release. Sent to AFP.
