A U.S. District Judge has ruled that the labels and packaging of plant-based meat products may contain misleading terminology designed to deceive the average consumer into thinking they are purchasing traditional meat.
"The court has no trouble finding that the speech at issue is potentially misleading," U.S. District Judge Stephen Friot wrote in the opinion. "Product packaging which labels a product as 'Classic Burger,' bacon, chorizo, hot dog, jerky, meatballs, or steak, when the product is actually a plant-based product, is potentially misleading to a reasonable consumer."
‘A violation of First Amendment rights’
Upton’s Naturals, a plant-based protein producer, and the Plant Based Foods Association (PBFA) filed a lawsuit against the state of Oklahoma over a new meat labeling law earlier this year, calling it a violation of their First Amendment rights.
“Our labels make it perfectly clear that our food is 100% vegan,” Upton’s Naturals founder, Daniel Staackmann, said at the time. “But now our meat industry competitors in Oklahoma want to force us to redesign our labels as if our safe, healthy products are potentially harmful. It’s not the first time we’ve had to fight a state law created by our competitors, and we look forward again to defending our First Amendment right to clearly communicate with our customers.”
The lawsuit was then escalated to the U.S. 10th Circuit Court of Appeals after an Oklahoma judge declined to put a hold on the law
The law in question
The Oklahoma Meat Consumer Protection Act, which took effect November 1, prohibits persons or companies from “advertising or selling food plans or carcasses from engaging in certain misleading or deceptive practices.”
The bill outlines meat as, “Meat means any edible portion of livestock, poultry or captive cervid carcass or part thereof.” Misrepresent is defined as, “the use of any untrue, misleading or deceptive oral or written statement, advertisement, label, display, picture, illustration or sample.”
Other states have similar or proposed legislation, including Arkansas, Missouri, Washington, Montana, Wyoming, Colorado, Arizona, New Mexico, North Dakota, Nebraska, Mississippi, Tennessee, Indiana and Virginia.
Not over yet
Upton’s Naturals and PBFA have already announced plans to appeal the ruling.
“The Plant Based Foods Association will continue to fight to ensure its members, including Upton’s Naturals, can continue to fairly and accurately label their foods as the First Amendment clearly allows. The Institute for Justice has already noticed an appeal of the preliminary-injunction decision to the Tenth Circuit. We are confident that we have the facts, and the law, on our side,” Michelle Simon, Founder of PBFA, said in an email.
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