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Advertising Law Updates

| 1 minute read

Would a Veggie Burger by any Other Name Taste as Good?

Mississippi recently enacted a new law restricting the manner in which producers of plant-based meat-alternative products can label their foods.  Specifically, the law says that a "plant-based or insect-based food product shall not be labeled as meat or a meat food product."  The new law also restricts the labeling of lab-created meats as well.

Although Mississippi's new law doesn't specify what terms are now off-limits, some in the industry are taking the position that it will prohibit the use of phrases such as "veggie burger" or "vegan hot dog."  Plant-based food marketer Upton’s Naturals, along with the Plant Based Foods Association and the Institute for Justice, are suing the state, to try to block enforcement of the law.  

Institute for Justice Managing Attorney Justin Pearson said in a statement, “No one thinks plant-based burgers or vegan hot dogs contain meat. To the contrary, those terms tell consumers that they are buying exactly what they want: a plant-based alternative to animal meat. By banning the terms customers understand best, Mississippi is not only creating confusion, but also the First Amendment rights of both sellers and consumers.”

"By banning the terms customers understand best, Mississippi is not only creating confusion, but also the First Amendment rights of both sellers and consumers" -- Institute for Justice

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advertising, mississippi