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Arkansas bans using the terms veggie burgers and veggie hot dogs

Tofurky and the ACLU have cooked up a lawsuit to fight an Arkansas law that prohibits the labeling of plant-based meat alternatives as “burgers” or “hot dogs.”

The complaint, filed Monday in the Eastern District of Arkansas, Western Division, alleges that Arkansas Act 501, which is meant to “require truth in labeling” and “protect consumers from being misled or confused,” violates Arkansans’ civil rights.

Under Act 501, which was signed into law by Gov. Asa Hutchinson in March and goes into effect this month, Arkansans must say goodbye to veggie burgers, smoked ham style plant-based deli slices, and vegan sausages. The state is charging an $1,000 civil fine for every plant-based product labeled as "meat."

The law also extends to dairy alternatives and vegetable alternatives to grains; nut milks and cauliflower rice would also be subject to fines (riced cauliflower is fine, though).

In their complaint, the ACLU, who is suing the Arkansas Bureau of Standards, says the act is “specifically designed to disadvantage purveyors of plant- and cell-based meat,” and restricts companies like Tofurky from accurately describing their products. Arkansas Bureau of Standards did not return NBC News' request for comment.

Even more, the complaint, which was filed along with the Good Food Institute and the Animal Legal Defense Fund, claims there is no evidence that confusion exists among consumers around plant-based alternatives.

Act 501 “does nothing to protect the public from potentially misleading information,” the ACLU says.

“When consumers choose plant-based foods, it is not because they are confused or misled, it is because they are savvy and educated about the health and environmental consequences of eating animal products,” Tofurky CEO Jaime Athos said in a statement provided to NBC News.

Arkansas state representative David Hillman, who sponsored the bill in the House, says companies like Tokurky are more than welcome to sell their products in his state, but they just need to be properly labeled.

“You can’t sell a Chevy and call it a Cadillac,” he told NBC News Monday.

Hillman says the ACLU’s argument that Act 501 will cause more confusion doesn’t add up.“How can you can have a more inaccurate description than calling something 'meat' when it’s not 'meat'?” he asked.

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NIGHTLY-NEWS Heat wave breaks records across the country The Arkansas law is one of a handful of plant-based meat alternative laws that have sprung up around the country. Missouri, Louisiana, South Dakota, and Mississippi have similar statues on their books, in what the ACLU says is an effort to protect the beef industry.

Brian Hauss, the ACLU staff attorney on the case, said companies often rely on comparisons to describe their products. Consumers, he says, know that peanut butter doesn’t come from cows.

Hauss thinks the Arkansas legislature is manufacturing an “imaginary crisis” of consumer confusion, and thinks the law is a bit insulting to Arkansans.

“It's absurdly patronizing that the government of Arkansas is asserting that the people of Arkansas can't tell a ‘veggie burger’ from a ‘hamburger,’ or a ‘tofu dog’ from a ‘hot dog,” Hauss said in a statement.

Tofurky says Arkansas is not only trying to limit their free speech, but also their residents access to “healthier, more sustainable food choices.”

Hillman says he just doesn't want his constituents misled.

“They can go through with the lawsuit. I don’t think they have legal ground to stand on,” he said. “I am just trying to not cause confusion in the market.”

If companies like Tofurky made a product that “looks like steak and tastes like steak, and is half the price,” “I’m gonna eat it and enjoy it,” Hillman said⁠—as long as it’s not called “steak.”

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by Anonymousreply 12July 22, 2019 9:33 PM

[quote] protect consumers from being misled or confused,

I guess Arkansas has a ton of stupid people

by Anonymousreply 1July 22, 2019 8:14 PM

Rebrand them as ‘hamberders.’

by Anonymousreply 2July 22, 2019 8:15 PM

Why do cattle farmers get sucked off so much by the government?

by Anonymousreply 3July 22, 2019 8:17 PM

BigAgra has tons of money to bribe

by Anonymousreply 4July 22, 2019 8:21 PM

Veggie burgers have been around for a few decades at this point. No one is confused

by Anonymousreply 5July 22, 2019 8:22 PM

Shithole states who have nothing better to do with their stupid shithole inbred people.

by Anonymousreply 6July 22, 2019 8:24 PM

This is a big problem facing Arkansans?

by Anonymousreply 7July 22, 2019 8:26 PM

Yes R7..because, well...its Arkansas. I see how this type of thing can be confusing to them.

by Anonymousreply 8July 22, 2019 8:32 PM

I'd rather ban the word "veggie" altogether.

by Anonymousreply 9July 22, 2019 9:09 PM

Political correctness gone redneck!

by Anonymousreply 10July 22, 2019 9:10 PM

Thank God. Arkansas really has its priorities straight.

by Anonymousreply 11July 22, 2019 9:12 PM

[quote] You can’t sell a Chevy and call it a Cadillac

But a Cadillac is essentially a Chevrolet (now GMC)

by Anonymousreply 12July 22, 2019 9:33 PM
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