In the latest defeat for “don’t call it meat” laws, a federal judge has ruled that an Arkansas law regulating the marketing of meat analogue products is unconstitutional.
The 2019 law forbade sellers of plant-based meat substitutes from using terms like “hot dog,” “sausage” or “burger” in their marketing or labeling. The law was never enforced because it was the immediate target of a lawsuit from Tofurky, a processor of analogue meats, as well as the American Civil Liberties Union and other groups.
U.S. District Judge Kristine Baker ruled that Tofurky had been clear about the makeup of its products. "The State has not come forward with any evidence of broad marketplace confusion around plant-based meat alternatives to bolster its claim,” she wrote.
Similar laws have been found unconstitutional in Louisiana and California, and are the subject of ongoing lawsuits in Missouri and Oklahoma.