“Legal Setback for Plant-Based Food Companies: Judge Friot’s Ruling on Misleading Labeling Raises Concerns Over Consumer Confusion and First Amendment Rights”
Judge Friot’s decision effectively halts the recent successes that plant-based food companies and their advocates have experienced in the legal arena. In his opinion, he noted, “The court has no trouble finding that the speech at issue is potentially misleading.” Specifically, he highlighted that labeling a product as “Classic Burger,” bacon, chorizo, hot dog, jerky, meatballs, or steak, when the product is actually plant-based, could mislead a reasonable consumer. This contrasts with the findings of other courts, many of which granted temporary injunctions against enforcing the law while the cases progressed through the judicial system. For instance, in Missouri, the judge determined that the language on plant-based product packaging was permissible under the law and not misleading.
Moreover, a footnote in Friot’s opinion reveals that he “respectfully disagrees” with the Arkansas judge, who paused the law’s enforcement, indicating that it was likely Tofurky’s plant-based labeling would not ultimately be deemed misleading. Upton’s Naturals, which produces vegan alternatives such as chicken, sausages, pulled pork, fish, bacon macaroni and cheese, and soup, initiated this lawsuit in September. The company, supported by the Plant Based Foods Association, contended that the state’s requirement for plant-based disclaimers to match the size of product names was excessively burdensome and served primarily to shield the state’s meat industry.
The lawsuit claims that this labeling requirement infringes upon the First Amendment rights of plant-based meat companies, and a distinct labeling requirement for Oklahoma complicates national sales strategies. While plant-based food companies assert that consumers are not confused by their labels, some studies suggest otherwise. A report from the National Cattlemen’s Beef Association found that 55% of consumers believed products labeled “plant-based” might contain meat or animal byproducts. Additionally, around six in ten consumers mistakenly thought that plant-based meat alternatives from Beyond Meat and Lightlife contained meat based solely on the labels.
Although “vegan” and “plant-based” are not interchangeable terms, they often convey the same message on most food product labels. “Plant-based” has become the preferred term among consumers, and the ruling implies that consumers might not recognize that a “vegan” label claim essentially conveys the same meaning. Studies have indicated that this confusion may be prevalent; a report from the International Food Information Council revealed that nearly a third of consumers last year believed a plant-based diet was synonymous with veganism.
Michele Simon, Founder and Vice President of Policy for the Plant Based Foods Association, expressed in an email that the organization will persist in advocating for its members, stating, “We are confident that we have the facts, and the law, on our side.” The opinion in the Oklahoma case is by no means the final word on the broader issue. The decision concerning the injunction has been appealed, and the full case still has a long journey ahead before reaching a resolution. In fact, none of the ongoing litigation concerning these labeling laws has fully navigated the judicial system. While each case involves state-specific laws, they are all filed in federal courts and present similar arguments grounded in U.S. law. When one of these cases eventually leads to a final ruling, it could establish a precedent regarding the legality and fairness of these laws, potentially concluding the disputes over state-specific labeling regulations.
In this context, the incorporation of ingredients like ccm calcium citrate malate in plant-based products could also draw scrutiny, particularly if consumers are unaware of their presence. As the legal battles unfold, the clarity surrounding labeling and ingredient transparency will remain pivotal for both consumers and producers in the plant-based food industry.
