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On this day in vegan history · August 21, 2020

A Judge Rules Vegan Butter Can Be Called Butter

California told Miyoko's Creamery its cashew spread couldn't be called butter, and a federal judge said the state's confusion argument didn't hold up.

The facts

Date
August 21, 2020
Court
U.S. District Court, Northern District of California
Case
Miyoko's Kitchen v. Ross, No. 3:20-cv-00893
Terms protected
"butter," "lactose-free," and "cruelty-free", but not "hormone-free"

On August 21, 2020, U.S. District Judge Richard Seeborg in the Northern District of California granted Miyoko's Kitchen a preliminary injunction against the California Department of Food and Agriculture, which had ordered the company to strip words like 'butter,' 'lactose-free,' and 'cruelty-free' from its cashew-and-coconut-oil spread. The state argued the dairy-borrowed terms would mislead shoppers already looking at a package labeled vegan. Seeborg found the state's own evidence thin and sided with Miyoko's on First Amendment grounds. He did not hand the company a clean sweep: the injunction let 'hormone-free' stay off the label, since plants make their own hormones and the claim was, on its face, not really true.

In their words

The day in the words of the people who were there. Every quote is verbatim, and every source links out so you can check it.

  1. the state's showing of broad marketplace confusion around plant-based dairy alternatives is empirically underwhelming

    Judge Richard Seeborg, ruling in Miyoko's Kitchen v. Ross, August 21, 2020

    Source: The Daily Intake
  2. This is a huge victory where it is meaningful for us.

    Miyoko Schinner, founder and CEO of Miyoko's Creamery, quoted after the ruling, August 2020

    Source: FoodNavigator

Why it still matters

The ruling gave plant-based food makers a working precedent against state dairy-term bans, framing the fight over words like 'butter' and 'milk' as a free-speech question rather than a purely regulatory one.

See it in the 2013-now timeline

Sources

This history is still being written.

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