Nicholas Miller, an associate in the Commercial Litigation Group, published "The Cow Has Left the Barn: Updating Standards of Identity to Reflect Consumer Understanding of Plant-Based Foods" in the Journal of Food and Law Policy. The article examines the debate surrounding the labeling of plant-based alternatives to animal-based products, and proposes a path forward, led by the Food and Drug Administration (FDA). The following is an excerpt:
Ever seen "tofurkey" at the supermarket and thought it was a rare, delicious cousin of the turkey? The animal-based food industries, led by milk and meat producers, are claiming that the reasonable consumer might. On the other hand, the plant-based food substitutes are appearing on supermarket shelves with increasingly bold names for their products that tap into our familiarity with animal-based foods, using names like "Beyond Meat." So, who is right? Where do we draw the line on what plant-based food can be called? And who should draw that line?
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