Читать книгу Food Regulation - Neal D. Fortin - Страница 140

Similar debate lines have drawn up over the naming of meat substitutes. Should cell‐cultured meat be allowed to be called “meat”? Should plant‐based patties be allowed to use the word “burger”? The U.S. Cattlemen’s Association filed a petition with FSIS requesting the agency officially limit the labeling of “beef” to “cattle born, raised, and harvested in the traditional manner, and that products that are labeled as meat” should be limited to those that are derived from the tissue or flesh of an animal harvested in the traditional manner. A number of states have passed laws prohibiting use of meat descriptions or terms on plant‐based or cell‐cultured products.

As with the milk substitutes, the issues come down to the power to impose standardized names, whether consumer confusion exists over the nature of these products, and whether there are materials facts undisclosed (or what else should the label say). Proponents for strict limitation on the use terms like “meat” and “burger” will need to establish that such restriction does not violate the First Amendment. While the government has the right to protect consumer from false or misleading labeling, a complete ban on the use of such terms is unlikely to meet the burden of intermediate scrutiny by being no more restrictive than necessary to advance that interest.⁷¹