A federal district judge granted Miyoko’s Creamery an injunction against California’s attempt to disallow Miyoko’s use of “butter,” “lactose free” and “cruelty free” on its vegan products. The California Department of Food and Agriculture (CDFA) said that since vegan butter was not made from milk or cream it was not butter under federal law. Given that it was not dairy, they could not claim “lactose free” or “cruelty free.” (The National Law Review, August 27, 2021, by Food and Drug Law at Keller and Heckman)
The company argued successfully that “the CDFA’s enforcement position is an attempt to unconstitutionally censor truthful commercial speech, violating Miyoko’s First Amendment right to free speech.” Judge Richard Seeborg found the company’s marketing tactics truthful and found no evidence of consumer confusion or marketing deception. (Reason, August 30, 2021, by Rikki Schlott)