A law restricting companies selling plant-based products from using the word meat and related ones on their packaging has a chilling effect on protected free speech, an appeals court has heard.
Turtle Island Foods, which sells its vegetarian meat-like products under the Tofurkey brand, is appealing a district court's refusal to issue an injunction against the enforcement of a 2018 Missouri law that criminalizes the use of certain words on packaging.
The three judge panel of the 8th Circuit was told the rules were too sweeping and could lead to criminal charges over the sale of products that are clearly labeled vegetarian.
“The state, and the [Missouri] Department of Agriculture agree with us, that [the statute] contains meat and meat-related terms – burgers, sausages – in addition to specifically meat,” attorney Anthony Rothert told the court, according to a report by Courthouse News Service.
“The state argues that the statute does not prohibit using such meaty terms if appropriate qualifiers are used…. That there has to be an appropriate qualifier saying that something is plant-grown. But the statute does not say that, and other sections of the same statute do require such qualifiers.”
Turtle Island Foods is represented by Rothert, and from the ACLU of Missouri, and others from the Animal Legal Defense Fund and The Good Food Institute, which promotes more ecologically sound eating.
Most farmers in Missouri supported the legislation, according to industry representatives. At the time of its passing, It was publicly described by one sponsor as a move to protect livestock producers in the state
"In general, our members strongly support the Missouri law defining meat in its traditional sense, as they feel it provides consumer clarity and ensures people know what they’re getting when they buy food at the supermarket," Eric Bohl, director of public affairs and advocacy with the Missouri Farm Bureau, told the St. Louis Record.
"Words need to have meanings. We can’t allow companies to hijack them to trick consumers."
But ACLU attorney Rothert argued that the bill was clearly designed to protect cattlemen rather than stop consumers from being confused.
"There’s no evidence of consumers not understanding the purposes here. Baby oil’s not from babies, girl scout cookies do not contain girl scouts, and nobody’s being duped by ‘Tofurky, smoked ham style,’” he said.
Deputy Missouri Attorney General Justin Smith told the court that Torurkey and other producers of similar products will not have to worry if they do not try to pass them off as meat.
“We’ve had this statute in place for one or two years now,” Smith said, “and there’s been no evidence in the record of any prosecution, any threat of prosecution or any referrals from the Department of Agriculture.”