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The Döner purity law: A new era for Europe’s favourite street food?

By Roland Weede, Senior Associate

Could change be coming for one of Europe’s favourite street foods? 

Roland Weede explores a recent conflict around Döner kebabs and the regulations we might see coming into effect in a few months. 

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Roland Weede | Connect on LinkedIn | rweede@hlk-ip.com 

Many people outside of Germany, especially those among the 40% of adults who regularly enjoy a beer, have heard of the “Reinheitsgebot,” the Beer Purity Law that has been in force in parts of Germany for over 500 years. This law famously allowed only hops, water, and barley in beer production (though yeast was a necessary but unmentioned ingredient, and exceptions for flavourings like coriander or laurel soon followed). The debate over what can be called “beer” in Germany has been a recurring topic ever since.

However, a similar “puritan revolution” is brewing for another beloved part of the German diet. While not as stereotypically German as beer, it enjoys almost comparable popularity: the Döner Kebab. This delicious street food, often just called kebab in English, is known as Döner Kebab (or simply Döner) in German. Although variations of this meat-on-a-stick dish have existed for a long time, the modern version—a round sandwich of sliced meat, lettuce, cabbage, onions, cucumber, and various sauces—was reportedly first sold by Turkish immigrants in 1970s Berlin (according to Wikipedia). Today, “Berlin-style” Döner is sold across Europe, the US, and even in Tokyo, not to mention Turkey, where different Döner meat dishes have always been popular.

A few years ago, I noticed a Döner shop near my home had replaced every occurrence of the word “Döner” on its menu with “Drehspieß” (rotating spit). When I asked why, the guy at the counter shrugged and said, “some legal BS, you know, trademarks or something,” explaining that his boss had told him they could no longer call their meat Döner. As a trademark attorney, this puzzled me, since it seemed unlikely anyone could trademark the generic name “Döner” for, well, Döner.

It turned out the man at the grill had only half the story. There was no trademark issue, but calling meat “Döner” could still be problematic due to another form of “Reinheitsgebot,” which controlled the ingredients allowed in the characteristic cone of sizzling meat. Many small shops used meat that didn’t meet the strict requirements (for example, no more than 18% of chicken-based Döner meat can be skin). This led to numerous articles portraying the situation as a classic clash between heavy-handed German bureaucracy and plucky street-food vendors.

This year, the plot thickened with a new player: The International Döner Federation (Udofed), a Turkish industry group, applied for “Döner” to be recognised as an EU Traditional Specialty Guaranteed (a protected name under Council Regulation (EC) No 509/2006). They described Döner as a cultural symbol of Turkish immigration to Europe, particularly Germany. The proposed registration would impose stricter standards than any previous German regulation: detailed specifications for the type of meat (only cattle older than 16 months, or sheep at least 6 months old; only chicken breast and thigh, turkey meat, the popular “Putendöner,” would be forbidden), the amount and kind of seasoning (only black pepper, white pepper, red pepper, thyme), and the method of preparation (cut from top to bottom with a stainless-steel knife or a mechanical device with a thickness of 3-5 mm).

Various objections have been filed, and it remains to be seen if the application will succeed. Meanwhile, we’ll have to wait and see what the “rotary spit meat” at our local Döner shop will be called in a few months.

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This is for general information only and does not constitute legal advice. Should you require advice on this or any other topic then please contact hlk@hlk-ip.com or your usual HLK advisor.