A federal appeals court on Wednesday said Louisiana can enforce a state law forbidding companies from intentionally using misleading meat-like terms when selling plant-based food, reversing a lower court ruling in a case brought by the maker of Tofurky.
In a 3-0 decision, the 5th U.S. Circuit Court of Appeals in New Orleans said the state’s Truth in Labeling of Food Products Act did not infringe Tofurky’s First Amendment commercial free speech rights.
But while rejecting Tofurky’s claim that the law was unconstitutional on its face, the panel read the law narrowly, saying Louisiana meant to punish only companies that “actually intend” to mislead consumers.
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