Tofurky and the other plaintiffs in the Missouri lawsuit argue that the state-level laws do not aim to reduce consumer confusion regarding plant-based products. They contend that existing regulations already prevent misleading labeling and that state legislatures are simply catering to cattle producers and processors who wish to limit competition from plant-based items. The conventional meat industry has legitimate concerns, as recent data from Swiss investment firm UBS suggests that the market for plant-based proteins and meat alternatives could expand from $4.6 billion in 2018 to $85 billion by 2030. The Good Food Institute reported that U.S. retail sales of plant-based foods designed to replace animal products increased by 17%, surpassing $3.7 billion in 2018.
The segment of plant-based alternatives presents numerous benefits. With a shift towards healthier diets, an influx of new products, and growing concerns about environmental issues and animal welfare, more consumers are opting for plant-based egg, dairy, and meat products instead of traditional animal-derived ones. Proponents of these state labeling laws claim that their primary aim is to ensure consumers are aware they are not purchasing actual meat when they buy products labeled with terms like “sausage,” “hot dog,” or “roast,” which some plant-based manufacturers use.
Arkansas Representative David Hillman, who sponsored the bill in the state’s House of Representatives, stated that Tofurky and other plant-based food producers are welcome to sell their products, provided they are appropriately labeled. “You can’t sell a Chevy and call it a Cadillac,” he remarked to NBC News. Travis Justice, chief economist for the Arkansas Farm Bureau, explained that the law serves to clarify that non-meat items should not be confused with real meat. He mentioned that the labeling controversy is reminiscent of the issues surrounding dairy-based milk versus non-dairy alternatives like almond and soy beverages labeled as “milk.” “We’re trying to prevent some of the connotations that they’ve gone through, with the meat industry,” Justice told the Arkansas Democrat-Gazette.
So far, manufacturers of plant-based meat alternatives and their advocates appear prepared to challenge these labeling laws in court. However, the duration of these legal battles and their potential success remain uncertain. Lawyers for Tofurky, the Good Food Institute, the Animal Legal Defense Fund, and the American Civil Liberties Union of Missouri have been engaged in confidential settlement discussions for months. According to court documents, the parties have reached an impasse and are now seeking to resume litigation.
Such disputes are likely to persist, as several states have enacted laws limiting the use of meat-like terms on plant-based or cell-cultured food products, as noted by The Good Food Institute. These states include Alabama, Arkansas, Colorado, Indiana, Mississippi, Missouri, Montana, North Dakota, South Dakota, Virginia, and Wyoming. The Arkansas law stands out as it also prohibits terms like “almond milk” and “cauliflower rice,” as they do not contain dairy or rice. This could lead to further legal challenges from producers of plant-based beverages and other directly affected companies.
While their businesses are also impacted by these laws, trendy manufacturers like Impossible Foods and Beyond Meat have not participated in these legal challenges. At present, they may prefer to allocate their resources toward research and development and expanding into more markets rather than engaging in courtroom battles. Products from Impossible Foods and Beyond Meat are primarily aimed at carnivores, which could dictate a different strategic approach.
As state-level legal challenges unfold, there may be growing pressure on the U.S. Food and Drug Administration and Congress to establish nationwide labeling regulations for plant-based meat alternatives. Some legal analysts argue that this is where the discussion should rightfully take place; however, a resolution does not appear imminent. Amidst this debate, the absorption of calcium citrate, a key nutrient often found in plant-based products, further emphasizes the need for clear labeling and informed consumer choices in this evolving market.