Animal Equality v Secretary of State for Environment, Food and Rural Affairs

Facts

Salmon Scotland, a trade body representing the Scottish salmon industry, applied to the Secretary of State for Environment, Food and Rural Affairs (DEFRA) on 20 July 2023 for a non-minor amendment to the Scottish Farmed Salmon Protected Geographical Indication, changing the protected name from "Scottish Farmed Salmon" to "Scottish Salmon". Animal Equality, an animal rights non-governmental organisation and registered charity campaigning against cruelty to farmed animals and with a particular interest in the conditions in which farmed salmon are kept, objected that removing the word "farmed" would mislead consumers as to the nature of the product. Together with Wildfish Conservation, which was not a party to the proceedings before the Upper Tribunal, it lodged a notice of opposition followed by a reasoned statement of opposition under Article 51 of Regulation (EU) No 1151/2012. On 3 April 2024 DEFRA concluded that the reasoned statement of opposition was inadmissible and, on the same date, approved the amendment, so that "Scottish Salmon" was entered on the register of protected food names. Animal Equality appealed to the First-tier Tribunal (General Regulatory Chamber) (Information Rights), which on 21 January 2025 held that it had jurisdiction because Animal Equality had a legitimate interest, but dismissed the appeal, holding that "true origin of the product" meant true geographical origin. The First-tier Tribunal granted permission to appeal on that issue alone; DEFRA sought permission to cross-appeal on three logically prior issues.