Spanish Supreme Court rules 'fresca' label on pasteurized horchata is legal

The Spanish Supreme Court has dismissed appeals filed by Món Orxata against Mercadona, Lactalis Puleva, and Horchata Panach regarding the use of the term ‘fresca’ (fresh) on pasteurized horchata labels.

The litigation, which began in 2021, centered on whether describing pasteurized horchata as ‘fresca’ constitutes unfair competition by misleading consumers into believing the product is ‘natural’ or artisanal. Món Orxata, a company from Alboraia that sells non-preserved natural horchata, argued that the term could cause confusion among the average consumer.

However, the Court's Civil Chamber ruled that it has not been proven that the adjective ‘fresca’ induces error in an informed and reasonably attentive consumer. The ruling distinguishes between the concepts of ‘fresh’ and ‘natural,’ noting that the labels also specify that the product is pasteurized. This decision confirms previous rulings from the Commercial Court of Valencia and the Provincial Court of Valencia. As a result of the dismissal, Món Orxata must cover the legal costs.