Miyoko’s Won Round One vs. State of California Over ‘Plant-Based Butter’ Dispute

Miyoko has won round one in its legal fight with the State of California over its use of the term ‘butter’ on plant-based product after a court rejected the State’s bid to dismiss a lawsuit filed by the brand in February.  The dispute began late last year after Miyoko’s was told by the Department of Food & Agriculture to drop the terms ‘butter,’ ‘lactose free,’ ‘hormone-free’ and cruelty-free,’ from its plant based butter product (which is made from coconut oil and sunflower oil and cashew nuts) because ‘it is not a dairy product.” 

Miyoko’s which said it was given no choice but to develop custom packaging for California (creating a logistical nightmare’), change marketing and packaging materials nationwide at huge expense, or risk prosecution, filed a lawsuit in February 2020 in a bid to prevent the State from enforcing its demands, which Miyoko’s argued violated its First Amendment rights.