193154P.pdf   03/29/2021  Turtle Island Foods, SPC  v.  Locke Thompson
   U.S. Court of Appeals Case No:  19-3154
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Melloy, Author, with Colloton and Kelly, Circuit Judges] 
   Civil case - Civil rights. Plaintiffs brought this civil rights action 
   challenging the constitutionality of Mo. Rev. Stat. Sec. 265,494(7), which 
   criminalized "misrepresenting a product as meat that is not derived from 
   harvested production livestock or poultry;" they moved for a preliminary 
   injunction to enjoin enforcement of the statute, which the district court 
   denied, and they appeal. While plaintiffs have standing to bring the 
   action, the district court did not err in determining they were unlikely 
   to prevail on the merits because their intended speech, as described to 
   the court, was not likely to be seen as misrepresenting their plant-based 
   products as meat, and they did not fall within the scope of the statute; 
   the plaintiffs' products are clearly labeled as plant-based, vegan or 
   vegetarian; the seven package labels provided to the court did not - in 
   the eyes of the plaintiffs, the State or the court - misrepresent the 
   products as meat. Judge Colloton, dissenting.