Just when you thought Government couldn’t be more devious, they outdo themselves.
In March, I blogged that California Government told Miyoko Schinner to change the name of her very popular “Miyoko’s Vegan Butter” so consumers wouldn’t be “deceived and confused” – – even though the label already says “Cultured Vegan Butter.” The back of the box says “Organic Coconut Oil, … Organic Sunflower Oil, Organic Cashews …” She’s making vegan butter from plants. I’m not confused.
But, California decided it is confusing and told her to change Miyoko’s “Vegan Butter” to “cultivated cashew cream.” California isn’t doing this because they’re stupid (they might actually be stupid, but that’s not why they’re hassling Miyoko). They’re attacking Miyoko to protect their Dairy Lobby cronies that contribute to their reelection campaigns. Big Government vs. little company. California knows it will cost Miyoko over a million dollars to create one label for California and another for the rest of the country, print the new labels, and track which label goes where – – crippling Miyoko’s product and her. Government bullies like these games.
But, Miyoko outsmarted her tormentors by suing them, saying they’re attacking her 1st Amendment right to free speech. Miyoko’s lawyers? Animal Legal Defense Fund (her products are cruelty-free) and public policy mega-lawyer Deepak Gupta from Washington D.C. who takes cases to the Supreme Court. Also, by suing California, Miyoko has Democrats attacking vegans and animal rights advocates – – the Democrats’ natural allies. So, Miyoko’s got the better lawyers and she’s got the politicians attacking their own voter base. The Government bullies have been outsmarted and outmaneuvered.
But here’s where California gets really devious. Now, Attorney General Xavier Becerra is asking the judge to throw Miyoko out of court because California hadn’t ordered Miyoko to do anything so there really isn’t a dispute between them. Becerra says this even though the State’s letter to Miyoko that started this case says:
[Your] label requires revision to be in compliance with Title 21, Code of Federal Regulations and the California Food and Agricultural Code (hereafter FAC). Please review the label, make necessary changes, and resubmit it for review.
The State tells Miyoko her label is illegal, and Becerra tells the judge there’s no dispute, the State just wants to talk. Oh sure.
The Food Lawyers® Take
Twenty-five years of representing food companies in front of government have taught me what’s really going on. California wanted to squash Miyoko like a bug and report back to the Dairy Lobby, “Mission Accomplished.” Instead, the State has been totally outmaneuvered. So what do they do? They do what bullies always do – – they try and gang up on the victim. The State wants to do that to Miyoko by removing the matter from the courts so they can bury Miyoko in the bureaucracy. In court, there’s a judge calling balls and strikes, and if Miyoko’s facts are good (which they are), she stands to win. That’s called JUSTICE, and that’s the last thing Xavier Becerra wants. He wants this handled by his State bureaucracy – – away from the press – – where the bureaucrats are judge, jury and you know the rest. You’d think the State Attorney General would welcome a courtroom where fairness can prevail.
I hope the judge doesn’t fall for Becerra’s bunk. Miyoko’s entitled to her day in court.
Miyoko’s Vegan Butter is healthy and tastes good. Retailers are having a tough time getting enough to satisfy customers. Politicians and the Dairy Lobby should let product innovation and the free market decide what foods are made available to us. Doing that would benefit everyone. But that’s not their special interest goal.
Let’s see if the judge lets Miyoko’s case continue. Stay tuned.
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photography: VegNews