Nestlé’s Ideal evaporated milk is not like cream, Spanish ruling finds

The appeal court concluded that the partially evaporated milk brand, Ideal, was not comparable to cream as it was not in the same food category, forbidding the comparison under EU law.

The law states: “A comparison may only be made between foods of the same category, taking into consideration a range of foods of that category. The difference in the quantity of a nutrient and/or the energy value shall be stated and the comparison shall relate to the same quantity of food.”​

Nestlé had advertised the evaporated milk brand online as having ‘half the fat of cream’ and ‘half the fat of cream for cooking’.

Nestlé had argued that the nutritional composition of the two products was not the only criterion that should be taken into account when deciding if they were in the same food category. It suggested that the purpose and time of consumption should also be considered – in this case, as an ingredient in cooking – but the ruling disagreed.

It found that evaporated milk and cream did not have enough in common from a nutritional perspective to allow the comparison in advertising materials.