K A S H R U T . C O M_©

April 12, 2023 from the Courthouse News:

"Louisiana can enforce a state law aimed at keeping companies from deceiving consumers by using meat-like descriptions on packaging for plant-based food products, a three-judge panel at the Fifth Circuit held Wednesday.

"The 3-0 ruling reverses a federal judge's decision to halt enforcement of the law last year in a case brought by Tofurky, the brand name behind the vegan turkey substitute known as tofurkey.

"Senior U.S. Circuit Judge Edith Brown Clement wrote for the panel that the state’s Truth in Labeling of Food Products Act does not mean that Tofurky’s labels using meat terms such as “chik’n” and “burger” in addition to “plant-based” are in danger of facing a penalty under the law because Tofurky is not out to make consumers think its products contain meat.

"The ruling noted that Tofurky’s interpretation of the act used a broader reading to protect itself ahead of a court ruling, even while the state insisted on a narrower interpretation of the law aimed at stopping unscrupulous companies from confusing consumers into believing meatless items contain meat.

"Clement, a George W. Bush appointee, agreed with the state’s narrower interpretation, reversing last year’s ruling from U.S. District Judge Brian A. Jackson, a Barack Obama appointee who placed a hold on the state’s ability to enforce the law.

"Jaime Athos, president and CEO of Tofurky and the dairy-free company, Moocho, replied to a request for comment Wednesday evening by saying Torfurky is happy with the ruling.

"The U.S. Food and Drug Administration has long required that food producers truthfully label the nature and contents of their products using common or usual terms. Tofurky says terms like “veggie burger” accurately inform consumers how plant-based products can be served and what they taste like.

"The Louisiana law is similar to food labeling statutes passed in Arkansas, Missouri, Mississippi and other states. A number of those laws are also being challenged by Tofurky, the Animal Legal Defense Fund and the Good Food Institute. A judge in Arkansas halted enforcement of that state's law in December 2019, finding it was likely an unconstitutional restriction on Tofurky’s right to free speech.