Judge blocks Tofurky injunction of Missouri plant-based meat labeling restrictions

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Plant-based sausage. Image: Tofurky

Turtle Island Foods, doing business as The Tofurky Company (“Tofurky”) which produces plant-based products, together with The Good Food Institute …. sued Missouri prosecutors over its 2018 amended meat advertising law. The law requires that in order for a product to be labeled as “meat” it must come from “any edible portion of livestock, poultry, or captive cervid carcass or part thereof.”

Plaintiffs brought their lawsuit in August of 2018 alleging that Missouri’s amended meat advertising law violates the First Amendment, the Dormant Commerce Clause, and their due process rights …. They sought a preliminary and permanent injunction preventing enforcement of the law, a declaration that it is unconstitutional …. Tofurky claimed that it feared prosecution under the statute even though its labels include modifiers like “veggie,” “all vegan,” and “plant based.”

On September 30, 2019, the court ruled on plaintiffs’ motion for preliminary injunction …. The court found:

Plaintiffs state that they are likely to succeed on their First Amendment claim because they wish to engage in truthful, non-misleading speech that is prohibited by the statute. This however is precisely the reason the Court finds that plaintiffs are not likely to succeed – because the statute does not prohibit their speech.

Read full, original article: Court Rejects Tofurky’s Request for Preliminary Injunction to Halt Enforcement of Missouri’s Meat Advertising Law

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