Lactalis Nutri-Score legal challenge: overview
- Lactalis is challenging France’s adoption of updated Nutri-Score algorithm
- Algorithm changes have downgraded dairy products after reclassifying some as beverages
- Company argues scoring unfairly penalises dairy and misclassifies product categories
- Lawsuit claims Nutri-Score breaches EU food information regulation requirements
- Result of the case will likely be heard in between 18 months and two years
Despite its widespread use throughout Europe, Nutri-Score has long been mired in controversy.
The nutritional front-of-pack labelling scheme, which has been adopted in a range of European countries including France, Belgium, Luxembourg and the Netherlands, was already controversial because of Italy’s stringent opposition to using it.
More recently, it has been under fire for major algorithm changes it has made, which many view as unfairly penalising dairy products. Because of these changes, French dairy giant Danone opted out of the scheme in 2024.
Now, Lactalis, another dairy major, is taking the labelling scheme to court – and it’s to the EU’s top court, the Court of Justice of the European Union (CJEU).
How has Nutri-Score’s algorithm changed?
Nutri-Score is a front-of-pack labelling scheme that assesses products on nutritional value, with the highest score being A, or green, and the lowest E, or red.
In 2023, it changed its algorithm, specifically altering how dairy products were assessed. Before 2023, dairy and dairy products were all considered ‘general food’ by the algorithm. After the algorithm was changed, liquid dairy products were considered beverages.
This changed how such products were assessed. Many dairy products received a lower rating as a result. Semi-skimmed milk, for example, was downgraded from A to B, and whole milk from B to C. In the beverages category, only water can achieve an A.
This change is where much of the controversy stems from. In 2024, Danone, one of Nutri-Score’s early adopters, exited the labelling scheme, citing its disagreements with the algorithm changes. Nutri-Score has since hit back, suggesting Danone’s products are not as healthy as the dairy giant claims.
Why are Lactalis taking Nutri-Score to court?
In a decree in 2025, France officially adopted the new Nutri-Score algorithm. Lactalis wants France to annul this decree.
The case was first brought in front of France’s Conseil d’État in September 2025, which then heard Lactalis’s arguments and referred them to the CJEU for EU interpretation.
In the first place, much like Danone, Lactalis takes issue with how Nutri-Score treats dairy products.
“Lactalis is arguing that the revised scoring system unfairly penalises certain dairy products, particularly cheeses and other traditional dairy foods,” says Katia Merten-Lentz, partner at law firm Food Law Science and Partners.
It also takes issue with the classification of some dairy products as drinks rather than foods because of the different way these are calculated, says Bregt Raus, managing associate at law firm Altius.
However, its criticisms don’t end there. It’s also taking aim at the very way in which Nutri-Score judges products, suggesting that this goes against EU law on food information to consumers.
What laws is it objecting to?
Food information in the EU is governed by Regulation (EU) No 1169/2011. This outlines rules on food labelling and requires products to display an ingredients list, the net quantity of the food, and the energy and nutrient breakdown, which is known as a ‘nutrition declaration’. The regulation is, says Altius’s Raus, “a cornerstone of EU food law”.
It does not set out detailed rules for front-of-pack labelling schemes, only a general framework, leaving the specifics to member states. This, says Raus, was a deliberate choice when it was drafted.
It is this article on front-of-pack labelling that is now at the heart of the dispute.
Lactalis posits that Nutri-Score, which functions as a nutrition declaration, must respect the regulation’s distinction between nutrients and energy value. It argues that Nutri-Score unlawfully blends them together.
It also objects to the fact that Nutri-Score draws on elements that do not appear in the mandatory nutritional elements laid out by the regulation, such as the proportion of fruits, nuts and vegetables in a product, or the presence of sweeteners.
“In short, Lactalis says Nutri-Score oversteps by bundling elements into one synthetic score in a way the Regulation does not allow. Put differently, the case is about how much flexibility the Regulation leaves for front-of-pack schemes.”
When will the court case take place?
There is no confirmed date for the case to take place.
The French Conseil d’État has only just referred the case, meaning it is in its early stages, says Food Law Science and Partners’ Merten-Lentz.
Preliminary ruling proceedings before the CJEU usually take around 18 months to two years between referral and judgement. However, particularly complex cases may take longer.
If Lactalis wins, it will be another blow for the beleaguered Nutri-Score, which has already seen declining interest from both industry and the EU itself.
Lactalis and Nutri-Score have been contacted for comment.
