A federal judge on Tuesday roasted Arkansas' law banning makers of meatless meat products from using words such as "burger," "sausage," "roast," and "meat" in their labeling. The law also established fines of $1,000 for each individual label in violation.
Known as Act 501, the law passed state lawmakers in March but has yet to be enforced. If it had, meatless-meat makers, such as Tofurky, would be forced to stop selling their products in the state, face a ruinous amount of fines, or change their labeling of meatless burgers and sausages to unappetizing and vague descriptors, such as "savory plant-based protein" and "veggie tubes."
Judge Kristine Baker, of the US District Court for the Eastern District of Arkansas, granted a preliminary injunction that prevents the state from enforcing the law while the legal case is ongoing. In her order, Judge Baker made clear that the law appears to violate the Free Speech Clause of the First Amendment—as Tofurky argued. She determined that the state will likely lose the case.
Meat and dairy industry groups have been increasingly working to try to limit the use of terms like "milk" and "meat" in other states and contexts as meatless and diary-free products continue to grow in popularity. Missouri, Mississippi, Louisiana, and South Dakota have similar anti-veggie-meat labeling laws. In Wisconsin, lawmakers have considered banning non-dairy products from using the word "milk," such as beverages labeled almond milk.
The latter issue led former FDA commissioner Scott Gottlieb to quip last year that "You know, an almond doesn't lactate." He said that the Food and Drug Administration is working on a guidance for the use of the term.
So will this be going to US supreme court and they have to make a opinion for all the state eventually?
Known as Act 501, the law passed state lawmakers in March but has yet to be enforced. If it had, meatless-meat makers, such as Tofurky, would be forced to stop selling their products in the state, face a ruinous amount of fines, or change their labeling of meatless burgers and sausages to unappetizing and vague descriptors, such as "savory plant-based protein" and "veggie tubes."
Judge Kristine Baker, of the US District Court for the Eastern District of Arkansas, granted a preliminary injunction that prevents the state from enforcing the law while the legal case is ongoing. In her order, Judge Baker made clear that the law appears to violate the Free Speech Clause of the First Amendment—as Tofurky argued. She determined that the state will likely lose the case.
Meat and dairy industry groups have been increasingly working to try to limit the use of terms like "milk" and "meat" in other states and contexts as meatless and diary-free products continue to grow in popularity. Missouri, Mississippi, Louisiana, and South Dakota have similar anti-veggie-meat labeling laws. In Wisconsin, lawmakers have considered banning non-dairy products from using the word "milk," such as beverages labeled almond milk.
The latter issue led former FDA commissioner Scott Gottlieb to quip last year that "You know, an almond doesn't lactate." He said that the Food and Drug Administration is working on a guidance for the use of the term.
So will this be going to US supreme court and they have to make a opinion for all the state eventually?
