Back to News & Commentary

Arkansas Made It Illegal to Call a 'Veggie Burger' A 'Burger.' We're Suing.

The Impossible Burger, a plant-based burger
The Impossible Burger, a plant-based burger
Brian Hauss,
Senior Staff Attorney,
老澳门开奖结果 Speech, Privacy, and Technology Project
Share This Page
July 22, 2019

UPDATE: On December 11, 2019, a federal court granted our motion to block the Arkansas law while the underlying challenge proceeds.

The state of Arkansas thinks you鈥檙e confused about whether a veggie burger comes from a cow. In fact, it thinks you鈥檙e so confused that it a making it illegal for companies to use words like 鈥渕eat,鈥 鈥渞oast,鈥 and 鈥渟ausage鈥 to describe products that are not made from animals. Under the law, it doesn鈥檛 matter if those words are modified by 鈥渧egan,鈥 鈥渧eggie,鈥 or 鈥減lant-based.鈥

Rather than focusing on genuine consumer concerns 鈥 such as rising healthcare and education costs 鈥 Arkansas politicians have decided to take on an imaginary crisis: confusing a veggie burger for a hamburger, or almond milk for cow鈥檚 milk.

Why? To 鈥減rotect the agricultural producers in the state,鈥 one of the law鈥檚 proponents admitted.

Not only is Arkansas鈥 latest law absurd and unnecessary, it鈥檚 also unconstitutional. It violates the First Amendment by censoring truthful speech in order to protect the economic interests of the meat industry. Together with the Good Food Institute, the Animal Legal Defense Fund, and the 老澳门开奖结果 of Arkansas, we filed a lawsuit today on behalf of Tofurky challenging the law.

From to , consumers are increasingly interested in alternatives to food products derived from live animals. Right now, most of those alternatives are made from plants. But companies are also investing in technologies that cultivate meat from animal cells, effectively allowing them to make beef without the cow. The meat and dairy industries are worried about these new competitors, identifying them as one of the 鈥溾 the animal meat industry faces in 2018. But instead of competing in the free market, industry groups have enlisted friendly state legislatures and regulators to give them an upper hand. Over the past year, states throughout the country, including Missouri, Mississippi, Louisiana, and South Dakota, passed a new of meat censorship laws that prohibit companies from using terms like 鈥渧eggie bacon,鈥 鈥渃auliflower rice,鈥 or 鈥渁lmond milk.鈥

The laws鈥 proponents insist that they鈥檙e just trying to prevent consumers from being misled. One former FDA commissioner memorably that almond milk is a contradiction in terms because 鈥渁lmonds don鈥檛 lactate.鈥 But consumers know that, of course, and it鈥檚 absurd to suggest otherwise. As Republican Senator Mike Lee explained, 鈥淣o one buys almond milk under the false illusions that it came from a cow. They buy almond milk because it didn鈥檛 come from a cow.鈥

Businesses often rely on figurative language to help communicate information about the flavor, texture, or appearance of their products. Consumers know that 鈥減eanut butter鈥 is not made from cows, but the product鈥檚 name efficiently informs them that it spreads like butter. 鈥淰eggie bacon鈥 is appealing to consumers who enjoy the distinctive taste, smell, and crunch of conventional bacon, but who prefer plant-based foods for any number of personal reasons. If companies are forced to describe their products as 鈥渟avory plant-based protein,鈥 consumers are likely to be much more confused about exactly what it is they鈥檙e putting on their plates. And that鈥檚 the real purpose of these label censorship laws: creating confusion to protect favored economic interests.

But the First Amendment does not allow the government to censor speech in order to pick winners and losers in the marketplace. After all, consumers rely on the free exchange of truthful information to make their own choices. As the Supreme Court put it in a landmark recognizing constitutional protection for commercial speech, 鈥淸s]o long as we preserve a predominantly free enterprise economy, the allocation of our resources in large measure will be made through numerous private economic decisions. It is a matter of public interest that those decisions, in the aggregate, be intelligent and well informed. To this end, the free flow of commercial information is indispensable.鈥

In other words, when the government plays word games to prevent businesses from communicating truthfully about their products, consumers are ultimately the ones who suffer.

Arkansas鈥 law, and similar laws in other states, must be struck down.

Learn More 老澳门开奖结果 the Issues on This Page