MIYOKO v. ROSS: Court Says First Amendment of U.S. Constitution Protects Marketing Term ‘Vegan Butter’
Other courts have also found that the plant-based product name Soymilk is not misleading consumers into believing that it’s nutritionally equivalent to dairy milk.
ERIC GOLDMAN: For decades, dairy producers have weaponized the law to suppress margarine/vegetable oil-based alternatives. Wisconsin, the “Dairy State,” is particularly well-known for anti-margarine regulations… restaurants could put butter on the table but customers must request margarine…
Over the past 150 years, virtually every regulatory move made in the Oleo War reflects dairy industry rent-seeking, not consumer protection. At this point, given that history, we should instantly question the motives of any government crackdowns on non-dairy alternatives to butter.
Miyoko’s Kitchen sells a product called “European-Styled Cultured Vegan Butter.” Check out the packaging: Is there any doubt that this is not dairy butter? The packaging displays all of the following: it’s called VEGAN butter, it says “100% crafted from plants”… Any one of those would probably be enough to educate consumers, but collectively, the non-dairy status of this product is impossible to miss.
Nevertheless, the California Department of Food & Agriculture demanded that Miyoko’s stop calling its product vegan “butter” because the applicable statute defines butter as a product “made exclusively from milk or cream, or both . . . and containing not less than 80 per centum by weight of milk fat.” On First Amendment grounds, Miyoko’s sought an injunction against the department’s enforcement. The judge grants a preliminary injunction…
The court cites three reasons why the marketing phrase “vegan butter” qualifies as constitutionally protected speech… Other courts have found that plant-based product name aren’t misleading, including: Soymilk isn’t misleading consumers into believing that it’s nutritionally equivalent to dairy milk. Gitson v. Trader Joe’s (2015)…
The state argued that “butter” is linguistically different than “milk” or “meat” because neither has a well-established vegan analogue in the same role as margarine. The court says that plant milks belies that argument… The evidence of consumer confusion about plant-based alternatives is “empirically underwhelming”… For these reasons, the court enjoins the state from enforcing its restrictions on Miyoko’s use of the term “butter”. SOURCE…
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