An Arkansas federal court has granted Turtle Island Foods SPC, which does business as Tofurky Co., a preliminary injunction preventing the enforcement against it of an Arkansas law prohibiting the use of meat-related terms to describe plant-based products on food packaging. Turtle Island Foods SPC v. Soman, No. 19-0514 (E.D. Ark., C. Div., entered December 11, 2019). The court found that Tofurky “likely faces ruinous civil liability, enormous operational costs, or a cessation of in-state operations” if the statute is enforced against it. The court granted the preliminary injunction despite Arkansas’ indication that it “does not intend to begin enforcement” until the constitutional challenge is resolved because “there is nothing in the record binding the State to that position” and “the State has made no assurances that it will not levy retroactive penalties for Tofurky’s alleged violations of Act 501 between the law’s passage and this litigation’s conclusion.”

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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