Mississippi Agriculture Department proposed changes to product labeling laws; lawsuit plaintiffs claim victory in Mississippi

This past week saw a battle fought in press releases over a July 1 federal lawsuit challenging Mississippi’s food labeling laws.

The suit, brought by the Plant Based Foods Association and Illinois-based Upton’s Naturals Co., claims that Mississippi is violating free-speech rights by banning makers of plant-based foods from using terms such as “meatless meatballs,” “vegan bacon,” “beefless burger” or “beefless tips.”

Mississippi Commissioner of Agriculture and Commerce Andy Gipson responded Thursday, Sept. 5, saying his department worked with “interested parties” to tighten the existing regulations and will be issuing revisions as soon as they are finalized. Regardless, Gipson indicated that the plaintiffs had misinterpreted the original, existing regulations and that they wasted taxpayer resources by bringing the suit at all.

“Contrary to what the plaintiffs have been saying, ‘veggie burgers’ have never been outlawed by the Mississippi law or proposed rules,” Gipson wrote in his statement, published in full, below.

The following day, Sept. 6, the Institute for Justice, which joined the plaintiffs in their suit, declared success.

“The new proposed regulation is a victory for the First Amendment and for common sense,” said IJ Senior Attorney Justin Pearson in its statement. “Our lawsuit made it clear that subjecting plant-based food companies to possible criminal prosecution for using common terms on their labels would be a violation of their free speech rights. Mississippi has made the wise decision to change those regulations so that companies will be free to continue selling vegan and vegetarian burgers and other meat alternatives in the Magnolia State.”

The Institute for Justice Statement is also published in full, below.

You can read the proposed new regulations here. Citizens can review the proposed regulations and offer input on all proposed rules by contacting MDAC at 1-800-551-1830 or 601-359-1100.

Commissioner Gipson issued the following statement Thursday, Sept. 5:

We are continuing our rule making process to enforce Mississippi’s law prohibiting plant-based, insect-based, or lab grown cell cultures from being labeled as “meat” or a “meat food product.” Since July, we’ve received comments and worked with interested parties to tighten up our original proposed rules. We’re pleased with these proposed rules, and once they are finalized, the Department will act to enforce the law and rules.

The law is constitutional and has not changed. The definitions of “meat” and “meat food product” have not changed. And our proposed rules continue to require these products have appropriate qualifiers. If we find potentially false or misleading products, we have the authority to investigate and act; and we will. Our proposed rules support the law and make it clear these products cannot be false or misleading and cannot be labeled as meat or as a meat food product but must use the qualifiers set out in the regulations.

In July, when the State of Mississippi was sued over our law, I said it was unfortunate the plaintiffs resorted to litigation without reviewing our proposed rules, or offering comments to those proposed rules. Since that time, the plaintiffs and other parties have come to our table to offer comments and work through the routine rule making process. Contrary to what the plaintiffs have been saying, “veggie burgers” have never been outlawed by the Mississippi law or proposed rules. I think the plaintiffs finally figured that out. There was no need for a federal lawsuit; the law is constitutional; and it is my understanding the plaintiffs plan to dismiss their own lawsuit against the law once the rules are finalized. It’s a shame the plaintiffs chose to waste taxpayer resources with a lawsuit rather than working through the normal public rule making process.

As from the beginning, we are going to enforce this constitutional law with common sense regulations to make sure Mississippi consumers know whether or not they are buying real meat.

The Institute for Justice Statement was issued Sept. 6:

Under a new regulation proposed late yesterday by the Mississippi Department of Agriculture in response to a First Amendment lawsuit, vegan and vegetarian food companies would be allowed to continue using meat and meat product terms on their food labels.

The new proposed regulation reverses course from the law banning plant-based foods from using meat product terms like “burger,” “bacon” and “hot dog” on their labels, as well as the Department’s July 1 proposed regulation giving force to the ban. The Department’s July 1 proposed regulation has now been withdrawn. In early July, vegan food company Upton’s Naturals and the Plant Based Foods Association (PBFA) teamed up with the Institute for Justice (IJ) to sue the state for violating the First Amendment right of companies to label food in ways that consumers understand, and this new regulation is a direct result of the lawsuit.

“The new proposed regulation is a victory for the First Amendment and for common sense,” said IJ Senior Attorney Justin Pearson. “Our lawsuit made it clear that subjecting plant-based food companies to possible criminal prosecution for using common terms on their labels would be a violation of their free speech rights. Mississippi has made the wise decision to change those regulations so that companies will be free to continue selling vegan and vegetarian burgers and other meat alternatives in the Magnolia State.”

Upton’s Naturals, of Chicago, Ill., is a small, independently owned producer of vegan foods founded by Daniel Staackmann in 2006. The company is focused on meat alternatives using innovative ingredients such as wheat-based seitan and jackfruit. Upton’s Naturals sells its foods across the United States and around the world. Its vegan bacon seitan, chorizo seitan and other foods can be found on shelves at Whole Foods in Jackson, Miss. Upton’s Naturals is also a founding board member of PBFA.

“At Upton’s Naturals we are proud that our foods are 100% vegan, which is why we took up this First Amendment fight,” said Dan Staackmann, founder and owner of Upton’s Naturals. “Our clearly labeled products will remain on shelves in Mississippi. The state is making the right choice for consumers who are seeking out meat alternatives and want to understand what they are purchasing.”

“Mississippi is doing the right thing and it’s time for other states to follow its example,” said Michele Simon, PBFA’s executive director. “We look forward to working with other states to find similarly constructive solutions.”

The regulation states that plant-based foods will not be considered to be labeled as a “meat” or “meat food product” if their label also describes the food as: “meat-free,” “meatless,” “plant-based,” “vegetarian,” “vegan” or uses other comparable terms. The proposal will be open for public comment for 25 days. Should the proposed regulations be adopted, Upton’s Naturals and PBFA will consider dropping their federal lawsuit.