We have blogged about Missouri’s meatless meat statute, most recently on June 4, 2020.  The statute purports to prohibit producers of plant- or lab-based “meat” from describing their products as such – e.g., bacon, burgers, or hot dogs.  Shortly after the statute took effect, the Missouri Department of Agriculture issued an interpretive bulletin asserting that the statute did not bar the use of these words, so long as there was clear disclosure about the true origin of the product.  This interpretation, of course, nullified the obvious purpose of the statute – to protect growers of conventional meat from competition.
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Recent technological developments have made possible meatless meat – lab grown or plant-based products that look, cook and taste like traditional beef, pork or poultry. Proponents of the new technology argue that meatless meat is much healthier than traditional meat and imposes far fewer environmental consequences.

Producers of traditional meat have responded to this competitive threat with legislation.  The last legislative session in Missouri produced § 265.494(7), R.S.Mo., which makes it a criminal offense to represent as meat any product that is “not derived from harvested production livestock or poultry.” Violation of the statute is a class A misdemeanor punishable by up to one year in prison and/or a $1,000 fine.  This is the first such statute in the nation, although likely not the last.

The Missouri Department of Agriculture has provided guidelines for acceptable advertising of meatless meat.  The Department will not refer for criminal prosecution any product bearing a prominent disclaimer such as “veggie,” “plant-based” or “lab grown.”  That construction is substantially narrower than the plain terms of the statute, which appears to ban any reference to meat and it is not binding on Missouri prosecutors.

Turtle Island Foods, a plant-based meat producer and the Good Food Institute, a non-profit group promoting meatless meat, have now sued to enjoin enforcement of the statute.  The defendant is Mark Richardson, the prosecuting attorney in Cole County, as the representative of a class consisting of all Missouri prosecuting attorneys.

The suit alleges three legal grounds for the injunction.  First, it claims that the statute violates the First Amendment by prohibiting meatless meat producers from providing truthful, beneficial information to consumers.  For example, the lawsuit alleges that consumers would benefit from a description of the product as burgers or hot dogs, because it enables meaningful comparison-shopping.  So long as there is full disclosure that the meatless meat is plant-based or lab-grown, consumers will not be misled.
Continue Reading Missouri Meatless Meat Statute

We had previously posted about the State of Missouri’s petition for certiorari to review California’s requirement that all eggs sold in the State conform to California’s minimum cage requirement for hens.  The Supreme Court has denied the petition.

The basis for the District Court’s and the Ninth Circuit’s dismissal of the case was that Missouri