In 2019 the Truth in Labeling of Food Products Act was declared unconstitutional by Judge Brian A. Jackson of the Federal District Court for the Middle District of Louisiana. Judge Jackson subsequently granted a motion of Summary Judgement on March 28th 2022 in favor of Total Island Foods, producers of Tofurky, a meatless turkey substitute.
At issue was the Louisiana Labeling Law concerning “false and misleading statements by plant based alternatives”. The law specifically prevented manufacturers from representing food products as beef, pork, or poultry when the product was not derived from the relevant domestic animal. Since passage of the 
Louisiana Act, there has been neither enforcement action nor consumer complaint.
In his ruling, Judge Jackson accepted the argument by the plaintiff that labeling of vegetable-based products “constituted protected commercial speech”. The ruling also noted that the Act discriminated against plant-based products. Commercial speech is protected by the Constitution of the United States. A substantial burden is placed on regulations that restrict commercial speech unless an unlawful activity or a substantial government interest is involved.