AUSTIN, Texas (Legal Newsline) — The maker of Tofurky plant-based meat products is alleging a new Texas law regulating the labeling of its products violates federal law.
Turtle Island Foods SPC, doing business as The Tofurky Company, filed a complaint Aug. 31 in the U.S. District Court for the Western District of Texas against Greg Abbott, in his official capacity as Texas Governor, Jennifer A. Shuford, in her official capacity as Commissioner of State Health Services, and others, alleging violation of the Fourteenth Amendment Due Process Clause and other claims.
The plaintiff, who produces plant-based "meat" products - including vegan burgers, meat slices and sausages - allege that Texas' new law regarding labeling of "analogue" and "cell-cultured" product is a trade barrier that is preempted by federal law.
It claims the law "places vague standards" on the company as well as other plant-based meat producers who use "words associated with meat products" to describe and market their products. It further claims Texas' law imposes unnecessary restrictions on the labeling of cultivated meat products that are labeled according to U.S. Department of Agriculture and FDA rules.
The plaintiff alleges Texas' passage of the new law is the result of the state bowing "to pressure from cattle industry lobbyists." It claims compliance with the law is "impossible because of its vague terms" and will cause plant-based meat producers financial harm.
The plaintiff seeks monetary relief, interest and all other just relief. It is represented by Martin Woodward and Scott Kitner of Kitner Woodward PLLC in Dallas and Amanda Howell and Michael Swistara of The Animal Legal Defense Fund in Cotati, California.
U.S. District Court for the Western District of Texas case number 1:23-CV-01032