V. CIVIL AND ADMINISTRATIVE LIABILITY FOR MISLABELLED OR CONTAMINATED VEGAN DISHES Although the term “vegan” is typically used on a voluntary basis in gastronomy, its use can give rise to serious legal consequences if the dish does not match the description provided to the consumer. Legal responsibility may arise under various areas of law, including contract law, tort law, and administrative law, particularly where the food contains animal-derived ingredients or is prepared in ways that undermine the “vegan” designation. 5.1 Private Law Liability: Contractual and Non-Contractual Claims Restaurants, cafés, and caterers enter into consumer contracts when they serve meals to customers. Under EU consumer protection rules, as implemented in national contract law, the information provided at the time of purchase becomes part of the contractual terms.32 If a dish is described as “vegan” on the menu, and the consumer relies on that representation when making a choice, any deviation from the promised composition may constitute a breach of contract33 or be treated as the delivery of goods and/or services with a defect under consumer protection law. For example, if a supposedly vegan dish contains cheese, animal-based broth, or gelatin, the customer may claim that the performance of the contract was non-conforming. Consumers may seek remedies34 including restitution, price reduction, withdrawal from the contract, or damages.35 In parallel, food providers may also incur non-contractual (tort) liability where a mislabelled vegan dish causes actual damage to the consumer, such as an allergic reaction due to hidden ingredients like dairy, eggs, or fish sauce. Although ethical veganism typically does not involve physiological sensitivity, liability may arise under the General Food Law Regulation36 and national tort law if food safety standards are breached. 32 Directive 2011/83/EU of the European Parliament and of the Council on consumer rights [2011] OJ L304/64, art 5(1)(a). 33 For further detail on contractual breach, see: Damjan Možina, Kršitev pogodbe (1st edn, GV Založba 2007) 34 Under Slovenian law, remedies for non-conforming performance in consumer contracts are primarily governed by the Consumer Protection Act (Zakon o varstvu potrošnikov (ZVPot-1), Official Gazette of the RS, No. 130/22), with the Obligations Code (Obligacijski zakonik, OZ, Official Gazette of the RS, No. 83/2001 as amended) applying subsidiarily where the consumer law does not provide specific regulation. See ZVPot-1, arts 71–87; OZ, art 239 et seq. 35 For a detailed discussion of contractual liability for damages, see Damjan Možina, ‘Damages for Breach of Contract’ (2016) 42(2) Podjetje in delo 260–289. 36 Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law (General Food Law Regulation) [2002] OJ L31/1, art 14. 175 RESPONSIBILITY FOR VEGAN DISHES IN GASTRONOMY
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