Missouri Now Regulating Meat Alternative Labels As Regulatory War Gets Bloody

Products like the Impossible Burger by Silicon Valley's Impossible Foods, a plant-based burger that mimics the sensory experience of a meat burger through the isolation of overlapping properties found in plants, have raised questions about the legislative definition of "meat." (Credit: Impossible Foods)Impossible Foods

One of the food industry's most divisive battles just got more heated. On Tuesday, Missouri became the first state to begin regulation of the term "meat" on product labels . This legislation takes direct aim at purveyors of meat alternatives including plant-based producers like Beyond Meat, as well as lab-grown cultured meat companies like Memphis Meats who have yet to hit supermarket shelves.

The legislation defines meat as "any edible portion of livestock or poultry carcass or part thereof" and requires that any labeled meat product is derived "in whole or in part, from livestock or poultry." Violators of this definition will henceforth be subject to up to one year in prison and fines of up to $1,000.

This legislation and its vocal critics represent the complex agendas of those at stake in the food industry. Supporters of the law believe that it will reduce consumer confusion in the supermarket aisles, as well as protect the interests of ranchers. Mike Deering, the Executive Vice President of The Missouri Cattlemen's Association, explained, "This isn't a Missouri issue. This is about protecting the integrity of the products that farm and ranch families throughout the country work hard to raise each and every day. I never imagined we would be fighting over what is and isn't meat. It seems silly."

He further explains that his stance is not at odds with reducing competition with plant-based producers. He added, "This legislation does not stifle technology, but it does ensure the integrity of our meat supply and reduces consumer confusion... The use of traditional nomenclature on alternative products is confusing to consumers and weakens the value of products derived from actual livestock production."

Kevin Kester, a fifth-generation rancher from Parkfield, California. Kester, photographed January 18, 2013. (Laura Dickinson/San Luis Obispo Tribune/MCT via Getty Images)

The legislation has already drawn detractors, in part from impacted meat alternative producers. On Monday Tofurky, a turkey replacement producer, was joined by the Good Food Institute, The American Civil Liberties Union of Missouri and the Animal Legal Defense Fund in a lawsuit against this law. Its main contentions are with the law's supposed violation of free speech as well as its discrimination with out-of-state companies who try to compete with Missouri ranchers. Although not explicitly outlined in its joint statement, the free speech claim could potentially be in reference to the culinary use of the term "meat," as in to reference to the "meat of a fruit."

The enactment of this law joins a cacophony of petitions and proposed legislation representing both supporters and critics of meat alternative labeling regulation. In a petition filed on Feb. 2, the USCA is requesting that the United States Department of Agriculture establish stricter meat labeling requirements . The USCA believes that the broad use of the terms "beef" and "meat" on the packaging of products not derived from animals generated consumer confusion. The petition also presents issue with the Federal Trade Commissions' inconsistent enforcement of "truth in advertising" standards for food products.

The Impossible Burger by Silicon Valley's Impossible Foods is a plant-based burger that mimics the sensory experience of a meat burger through the isolation of overlapping properties found in plants. (Credit: Impossible Foods / Christina Troitino)Christina Troitino

Additionally, on July 26 the National Cattlemen's Beef Association submitted a letter to President Donald Trump requesting that the USDA regulates the safety and labeling standards of lab-grown fake meat products instead of the FDA, which was described in the letter as a "regulatory power grab." At odds with this request, in July the FDA approved the controversial key ingredient in Impossible Foods' controversial "bleeding" plant-based burger, which gives its burgers its realistic look and taste.

Similarly, the dairy industry has felt paralleled contention in the regulation of milk-alternative products. Wisconsin Senator Tammy Baldwin and leading members of the domestic dairy industry are backing the "Defending Against Imitations and Replacements of Yogurt, Milk, and Cheese To Promote Regular Intake of Dairy Everyday Act" (also more colloquially referred to as the DAIRY PRIDE Act). This act aims to similarly standardize the legal definition of "milk" so that it may only appear on the labels of products "obtained by the complete milking of one or more hooved mammals" as a way to preserve the nutritional standards associated historically with milk, as well as to minimize consumer confusion around the differing nutrition and contents of plant-based milk.

Memphis Meats' lab grown meat, produced by growing animal cells, turned into the first ever "clean" meatball in 2016.Memphis Meats

While still maintaining a minority share of the market, plant-based food products are seeing increasing demand. Milk alternatives achieved global sales of $5.8 billion in 2014 and are predicted to reach $10.9 billion by 2019, representing a 13.3% CAGR. In contrast, traditional (animal) milk sales are predicted to decrease to $15.9 billion, representing an 11% drop between 2015 and 2020. Moreover, US retail sales of meat substitutes increased 16% to $700 million in 2016. Although bullish, this pales in comparison to the billions brought in annually from traditional meat sales.

It seems like red string is needed to connect the various players and legislative proposals in place for the regulation of animal-alternative products. Until a clear consensus is achieved between combatting parties, consumers will continue to be left asking the age old question: Where's the beef?

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https://www.forbes.com/sites/christinatroitino/2018/08/31/missouri-now-regulating-meat-alternative-labels-as-regulatory-war-gets-bloody/

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