Tofurky and the other plaintiffs involved in the Missouri lawsuit argue that these state-level laws are not intended to alleviate consumer confusion regarding plant-based products. They contend that existing regulations already prohibit deceptive labeling, and that state legislatures are simply catering to the interests of cattle producers and processors who wish to curb competition from plant-based offerings. The traditional meat industry has valid concerns, as recent data from Swiss investment firm UBS indicates that the market for plant-based protein and meat alternatives could expand from $4.6 billion in 2018 to a staggering $85 billion by 2030. The Good Food Institute reported a 17% increase in U.S. retail sales of plant-based foods meant to replace animal products, surpassing $3.7 billion in 2018.
The plant-based alternatives category presents several benefits. With consumers increasingly opting for healthier diets, the launch of new products offering greater variety, and growing concerns about environmental sustainability and animal welfare, more individuals are turning to plant-based egg, dairy, and meat products instead of traditional animal-sourced items. Proponents of these state labeling laws argue they aim to ensure that consumers are aware they are not purchasing real meat when selecting products labeled with terms like “sausage,” “hot dog,” or “roast,” which are utilized by some plant-based manufacturers. Arkansas Representative David Hillman, who sponsors the bill in the state’s House of Representatives, stated that Tofurky and other producers of plant-based foods are welcome to market their products, provided they are labeled correctly. “You can’t sell a Chevy and call it a Cadillac,” he told NBC News.
Travis Justice, the chief economist for the Arkansas Farm Bureau, claimed the law serves as a clarification to prevent non-meat items from being mistaken for actual meat. He noted that the labeling conflict mirrors the situation with dairy milk versus non-dairy alternatives like almond and soy beverages labeled as “milk.” “We’re trying to avoid the confusion they’ve faced in the meat industry,” Justice explained to the Arkansas Democrat-Gazette.
Manufacturers of plant-based meat alternatives and their advocates appear ready to challenge these labeling laws in court. However, the duration and potential success of these legal battles remain uncertain. Lawyers representing Tofurky, the Good Food Institute, the Animal Legal Defense Fund, and the American Civil Liberties Union of Missouri had been engaged in confidential settlement discussions for several months. According to court documents, the parties have reached a deadlock and are looking to resume litigation.
Such disputes are likely to persist, as several states have enacted laws restricting meat-like terminology for 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 is unique in that it also prohibits terms like “almond milk” and “cauliflower rice,” as they do not contain dairy or rice, potentially leading to further legal challenges from producers of plant-based beverages and other directly affected companies.
While their businesses are similarly impacted by these regulations, trendsetting manufacturers like Impossible Foods and Beyond Meat have not participated in these legal challenges. Currently, they may prefer to allocate their resources toward research and development, and expanding their product lines rather than engaging in courtroom disputes. Products from Impossible Foods and Beyond Meat are more strategically aimed at meat-eaters, which may influence their approach to the situation.
As state-level legal challenges unfold, there may be increasing pressure on the U.S. Food and Drug Administration and Congress to establish nationwide labeling standards for plant-based meat alternatives. Some legal analysts argue that this is where the conversation should rightfully take place, but it seems unlikely that the issue will be resolved in the near future. Additionally, as consumers become more health-conscious, the demand for supplements like calcium citrate malate vitamin D3 & folic acid tablets may rise, paralleling the growth of the plant-based market. This trend further emphasizes the importance of clear labeling in helping consumers make informed choices about both food products and dietary supplements.