PBFA Response to Introduction of the So-Called Fair Labels Act

Consumer demand for plant-based foods has grown exponentially over the past decade. With innovative companies responding to consumer interest in delicious options for every eating occasion, the market has expanded with over half of restaurant menus in the U.S. including plant-based foods and retail shelves featuring new varieties for over 20 categories.

While there is little question about the fact that Americans want more plant-based foods, the rise of plant-based options has unfortunately been met with challenges from politicians on Capitol Hill who seek to hinder competition by proposing legislation that prohibits brands’ ability to use common-sense terminology to describe the foods they make. While political interests claim consumers are purchasing plant-based foods because they are “confused,” years of U.S. retail sales data and consumer research show that people are actively choosing plant-based foods for a variety of reasons from health and environmental benefits, ethical reasons, and taste. The plain fact is, restrictive labeling laws are designed to pick winners and losers in an already uneven market, stifle innovation, and limit the ability of consumers to make informed choices that align with their interests.

Here at PBFA, our policy team is dedicated to creating a fair policy landscape for plant-based foods and a key pillar of that work is defending plant-based companies’ right to use common sense labeling terms.

Opposing Federal Restrictive Labeling Bills

In the past week, PBFA submitted a letter on behalf of our membership in opposition of the so-called “FAIR Labels Act” (H.R. 7130 / S. 3693) to committees of jurisdiction and key Hill offices. This unnecessary legislation seeks to mandate new labeling requirements for plant-based meat, dairy, and egg products that are unnecessary, burdensome, and unlikely to withstand constitutional scrutiny. PBFA has successfully prevented similar legislation from being enacted and is dedicated to ensuring this new bill does not hinder our members and industry from competing on an even playing field. You can read the full letter here.

Statement from PBFA’s Senior Director of Policy Marjorie Mulhall

"The Plant Based Foods Association and our member companies are disappointed to see the introduction of this latest bill, as well as other recent legislation designed to hinder the market for plant-based foods. U.S. consumers are demanding plant-based options on restaurant menus and seeking out a variety of plant-based foods on grocery shelves. Our industry is a growing economic force all across the country, creating thousands of U.S. jobs and providing new opportunities for American farmers to grow crops like oats, beans, and mushrooms to fuel the plant-based market.

Our industry is growing because Americans increasingly choose to eat more plant-based foods. Consumers of plant-based meats are not confused, they know exactly what they are buying and are choosing plant-based foods for a variety of reasons: health, environmental concerns, ethical reasons, and taste. Their motivation for purchasing plant-based meats is expressly because they are not animal products.

Legislative proposals like these are designed to pick winners and losers in an already uneven market, stifle innovation, and limit the ability of consumers to make informed choices that align with their interests. That is not the role for policymakers. We urge Members of Congress to oppose these harmful bills."

Why Policies That Support Plant-Based Are Important

The market for plant-based foods is growing but legislation such as this puts a costly and unnecessary burden on plant-based food companies and is a solution in search of a problem. A recent study from Stanford Woods Institute for the Environment found that about 800 times more public funding and 190 times more lobbying money in the U.S. goes to animal-source food products than plant-based foods or alternative proteins. Because of government subsidies, animal-based foods that are artificially low-cost, creating an uneven playing field from which plant-based foods must compete. Despite these challenges, plant-based food companies continue to adapt and prove their resilience, driven by the desire to meet consumer needs. Over 60% of U.S. households purchased plant-based foods in 2022 and 80% were repeat buyers. These figures illustrate the clear motivation and intention of consumers to engage with plant-based foods. The focus of government should reflect consumer demand, enabling more access to the foods consumers want and removing needless political barriers to doing so.