Tag: common cheese terms

Landmark Agreement Secures U.S. Exporters’ Rights to Use Common Names in Chilean Market

Posted on by Theresa Sweeney

U.S. exporters of certain cheeses and meats will continue to be able to use those terms in Chile.

The Consortium for Common Food Names (CCFN), National Milk Producers Federation (NMPF) and U.S. Dairy Export Council (USDEC) commended the passage into law of commitments by the Chilean National Congress today that safeguards the rights of U.S. cheese and meat exporters to use certain common names – such as “parmesan” and “prosciutto” – to market and sell their products in the Chilean market.

The agreement came together following an exchange of letters between U.S. Trade Representative Katherine Tai and Chile’s Undersecretary of International Economic Relations Claudia Sanhueza on June 21, which confirmed a mutual understanding and agreement that U.S. exporters will be able to continue to market their products in Chile using a number of common cheese and meat terms.

Certain provisions under the EU-Chile trade agreement signed in December 2023 enabled the unfair treatment of U.S. meat and dairy products by abusing geographical indication protections. In response, CCFN, NMPF and USDEC worked closely with U.S. and Chilean government officials to address the U.S.-Chile Free Trade Agreement’s (FTA) threats to U.S. cheese and meat products.

Included in the agreement is a mutual understanding regarding “prior users” of certain cheese and meat terms in the market. For a limited number of products that the EU allowed to be grandfathered and that American exporters had exported to Chile prior to the updated FTA, all U.S. producers of those products will have the right to continue to use those terms in Chile. In addition, an extensive list of common names will also be protected for use in Chile for all U.S. producers.  The exchange of letters is now integrated into the FTA between the two countries and is subject to its provisions, including the FTA’s enforcement measures.

“CCFN applauds the Administration for their initiative to negotiate the protection of parmesan and a number of other key products,” said Jaime Castaneda, executive director for CCFN. “We greatly appreciate USTR and USDA’s work with the Chilean government and urge the Administration to continue its efforts to push back against the European Union’s strategic monopolization of common names. To that end, it’s vital that the U.S. establish a firm policy of proactively seeking protections for common name products with key trading partners all around the world.”

“Chile is a critical market and partner for U.S. dairy in Latin America,” said Krysta Harden, president and CEO of USDEC. “We greatly appreciate USTR and USDA for their hard work to strengthen this relationship, which will directly help U.S. producers grow their businesses in Chile. We look forward to continuing to work together to create new avenues for U.S. dairy exports and to avoid similar challenges from cropping up in other international markets.”

“This agreement is a milestone for U.S. dairy producers,” said Gregg Doud, president and CEO of NMPF. “It ensures that many of our products will maintain fair access to the Chilean market, supporting the growth and success of American dairy farmers on a global scale. Now, we need to build on that momentum by securing agreements with other trading partners to protect export opportunities for even more U.S. cheeses.”

The agreement will enter into force 90 days from the National Congress’ Sept. 3 approval.

Bipartisan Group of Members of Congress Introduce Legislation to Strengthen Common Name Protection in Upcoming Farm Bill

Posted on by Theresa Sweeney

A coalition of American agricultural organizations hail introduction of legislation to proactively establish protections for foods and beverages using common terms in export markets.

The National Milk Producers Federation (NMPF), U.S. Dairy Export Council (USDEC), Consortium for Common Food Names (CCFN) and allied organizations commend today’s introduction of the Safeguarding American Value-Added Exports (SAVE) Act to promote the protection of common names in the 2023 Farm Bill. Led in the Senate by Sen. John Thune (R-SD), Tammy Baldwin (D-WI), Roger Marshall (R-KS) and Tina Smith (D-MN) and led in the House by Representatives Dusty Johnson (R-SD), Jim Costa (D-CA), Michelle Fischbach (R-MN) and Jimmy Panetta (D-CA), the language would explicitly direct USDA Foreign Agricultural Services (FAS) to work with the U.S. Trade Representative to include the protection of commonly used terms like “parmesan”, “chateau” and “bologna” as a priority in international negotiations. This is the first farm bill effort on common names.

“The lack of strong action by previous administrations has allowed the European Union to misuse and abuse its geographical indications, hurting U.S. exporters in several markets,” said Jaime Castaneda, Executive Director of CCFN. “This new emphasis on protecting common names is a much-needed step in the right direction to ensure that our producers can sell their products in markets around the world.”

The proposed language would amend the Agricultural Trade Act of 1978 to define “common names” and direct the Secretary of Agriculture to coordinate with the U.S. Trade Representative to proactively defend the right to use common names for agricultural commodities or food products in international markets.

“For years, the European Union has been using illegitimate GIs to boost its own producers at the expense of others, putting a tremendous political priority on giving European companies a leg up over producers in the U.S. and other countries,” noted Castaneda. “It is time that our government takes a more proactive approach to tackling this challenge so that we can turn the tide to stand up for food and beverage producers relying on common names.”

  • Many agricultural producers in the United States and around the world depend on common food and beverage terms – such as parmesan, chateau, or bologna – to market and sell their products.
  • Since 2009, the EU has used trade negotiations and intellectual property rules to confiscate common names for their own producers – essentially monopolizing certain products in specific markets.
  • For American farmers and producers, this leads to lost opportunities overseas and expensive fights domestically, in addition to fewer choices for consumers.
  • Recently, there has been significant efforts from the private sector to defend common names, including a favorable U.S. Court of Appeals ruling and actions by congressional champions on Capitol Hill.