The court ruled this Thursday in favor of the nutritional application Yuka, appealing the decision of the commercial court of Aix-en-Provence (Bouches-du-Rhône) that had condemned it in particular for denigration against the manufacturer of delicatessen ABC Industrie in 2021.
This is the first time that justice has acquitted Yuka, three times convicted in first instance for similar cases.
The Court of Appeal of Aix-en-Provence dismissed ABC Industrie “all its claims” and ordered this company to pay Yuka 20,000 euros in court costs.
34 million users
In 2021, the Yuka application, which rates products according to their nutritional qualities, ordered the agro-industrial company to pay 25,000 euros in damages and withdraw the “high risk” rating attributed to the E250 (nitrite) additive, now lowered to “in risk”. Yuka also had to remove any mention that nitrites would be “carcinogenic” or “genotoxic.”
In its ruling consulted by AFP, the court recognized Yuka’s role “in helping consumers make better decisions for their health” by offering “a tool” to consumers to “obtain an improvement in the products” of the industry.
On the Yuka app, which has 34 million users worldwide, deli meats sometimes get low ratings due to their nutritional profile (fat, salt), but also because of the addition of nitro additives.
Historically, butchers have used nitrated compounds to extend the shelf life of products and prevent the growth of pathogenic bacteria that cause botulism in particular, a serious neurological condition that has been largely forgotten due to improved health. These are also the components that give ham its pink color, which is naturally grey.
public debate
The court stressed that Yuka’s activity was part of “a public and scientific debate on” the harmfulness of nitro additives “and” is protected by freedom of expression “.
“For the first time, judges recognize (…) the right to inform and warn about the health risks of added nitrites,” Yuka reacted in a press release.
Contacted by AFP, the ABC Industrie group could not be reached to react to this decision.
The lawsuit also appealed two judgments handed down in Paris and Brive-la-Gaillarde (Corrèze), where he was convicted in similar cases for the benefit of the Federation of Industrial Butchers Caterers (FICT), of which ABC Industrie is a member, and another manufacturer of Run.
The appeal hearings will take place in Limoges on February 6, 2023 and in Paris on April 12.
Source: BFM TV
