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Standards of identity should serve consumers, not protect incumbents from competition by attempting to censor labels that are clear to consumers; that would violate the First Amendment.
Courts have consistently upheld companies’ right to use “milk” on plant-based products. One declared: “By using the term ‘almond milk,’ even the least sophisticated consumer would know instantly the type of product they are purchasing.”
Against a brief in support of censorship, another held that “under plaintiffs’ logic, a reasonable consumer might believe that veggie bacon contains pork, that flourless chocolate cake contains flour, or that e-books are made of paper.”
– Bruce Friedrich, Co-Founder & Executive Director, The Good Food Institute