Food

BREAKING: Miyoko’s Creamery Wins Lawsuit Against California, To Use “Dairy” Labels For Vegan Product

  • VeganFirstDaily
  • 2667

13 August 2021

In a high-profile case that got its verdict earlier this week, the US District Court for the Northern District of California ruled in favor of vegan brand Miyoko’s Creamery. It is heartening news indeed, that Miyoko’s creamery won the lawsuit regarding their right to use terms  like “butter” and “dairy” for vegan products.

 

Crucial Aspects of the Case

The case that was won against the California Department of Food and Agriculture (CDFA) was initially filed in early 2021, on behalf of Miyoko’s by animal-rights organization Animal Legal Defense Fund (ALDF). This was right after the CDFA demanded that Miyoko’s remove certain terms such as “dairy” and “butter” from its packaging. This was despite the fact that the brand had clearly labeled its products as “vegan” and even mentioned that they were “made with plants.” Hence there was no scope for misleading or confusing the consumers.

However, the CDFA persisted and went on to order Miyoko to stop using the term “cruelty-free” when describing their vegan butter. Furthermore, Miyoko’s company was asked to exclude the picture of a lady hugging a cow from their website. In reality, the fact is that the image was taken at Rancho Compasión, a farmed animal sanctuary founded by the vegan brand’s owner Miyoko Schinner herself along with her husband.

 

This Win Sets a Precedent for Other Brands Fighting Similar Battles

Therefore, in the lawsuit filed by ALDF on behalf of Miyoko, they reveal how CDFA continues to misapplying federal regulations. This ensured that they were violating Miyoko’s constitutional right to free speech. In the month of June 2020, the very same court had refused to permit the CDFA’s request to dismiss the lawsuit and granted Miyoko’s Creamery preliminary injuction in August 2020. 

This helped Miyoko’s to continue its labeling practices in the interim, while the case was being investigated. Nevertheless, the fact that this vegan brand won this lawsuit is heartening as it sets an encouraging precedent for other brands fighting to uphold their corporate rights to free speech.

 

 

ALDF Executive Director Stephen Wells, says, “The CDFA’s attempt to censor Miyoko’s from accurately describing its products and providing context for their use is a blatant example of agency capture.The fact that animal-milk producers fear plant-based competition does not give state agencies the authority to restrict one industry in order to help another.”

 

Why the Terminology Matters

Meat as well as dairy industry groups from markets around the world where plant-based products are in demand have made the argument that terms like “cultured vegan butter” or “plant-based burgers” can confuse consumers without proof present to support these claims.

Hence, Miyoko’s Creamery Founder and CEO Miyoko Schinner opines, “Using words such as ‘butter’ and ‘milk’ in the context of even products made from plants and not from animals is common parlance among consumers in the modern world,” Schinner adds. “Food is ever-evolving, and so too should language to reflect how people actually use speech to describe the foods they eat. We are extremely pleased by this ruling and believe that it will help set a precedent for the future of food.”

In fact, Schinner strongly believes that this win will pave the way for the evolution of food as well as language!

 

Image Courtesy: Miyoko's Creamery

 

Like this?

Read: EU Rejects Amendment 171: Plant-Based Dairy Alternatives Allowed To Sell In Cartons

Read more: The Food Safety and Standards Authority of India (FSSAI) Actively Promotes a Plant-based Diet

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