AUSTIN, Texas (Legal Newsline) - Texas officials like Gov. Greg Abbott have filed their support of a recently passed law requiring companies that make foods that are plant-based to disclose that fact prominently.
The law has been challenged by The Tofurky Company and the Plant Based Foods Association in Austin federal court. On Nov. 27, Abbott, state Attorney General Ken Paxton and others filed their motion to dismiss.
Texas says the plaintiffs lack standing to challenge the law.
"Plaintiffs continually make broad conclusory statements like the amendment 'would hobble Tofurky and other plant-based meat companies represented by PBFA' and that it 'would simultaneously cost the company millions of dollars to change labels and marketing representations,'" the motion says.
"Plaintiffs only allege in the hypothetical. Despite reiterating several times that the amendment would cost Plaintiffs 'millions,' Plaintiffs fail to allege why 'millions' would be required to comply with the amendment."
Tofurky Company, which produces plant-based "meat" products - including vegan burgers, meat slices and sausages - alleges that the 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 plaintiffs allege Texas' passage of the new law is the result of the state bowing "to pressure from cattle industry lobbyists." They claim compliance with the law is "impossible because of its vague terms" and will cause plant-based meat producers financial harm.
Texas' motion argues the claims are not yet ripe and that it is entitled to sovereign immunity.