Appeals court rules against government censorship of food labels

IJ logo ([link removed] )

Dear Mr. xxxxxx,

This week, IJ won an important federal appellate victory in our fight to protect consumers from government censorship.

Consumers depend on accurate information to make decisions about their health, safety, finances, and daily lives. When officials block truthful labels, they don’t protect people—they keep them in the dark.

That’s why IJ sued on behalf of Michelle Przybocki, who struggles to find food that won’t trigger debilitating digestive pain, and Gourmend Foods founder Ketan Vakil, who wants to truthfully label his broths and spice blends as “low-FODMAP” so consumers can identify foods that are safe for their consumption.

But federal regulators bar food makers from labeling food as low-FODMAP because those words don’t appear on an outdated list of preapproved claims, leaving millions of Americans with serious digestive conditions without clear information that could help them avoid digestive pain.

Ketan Vakil ([link removed] )

Ketan Vakil started a business, Gourmend Foods, to produce and sell food for people with digestive problems, but federal regulators forbid him from truthfully labeling his products.

Across the country, government officials restrict what businesses can say on labels, signs, and websites—even when the information is truthful and useful.

The decision by the 9th U.S. Circuit Court of Appeals affirmed an important First Amendment principle: The right to free speech includes both the right to share truthful information and the right of listeners to receive it.

That principle reaches well beyond this case. It is the same principle behind IJ’s previous skim milk cases, where the government tried to stop small dairies from truthfully describing their all-natural, pasteurized skim milk as “skim milk” because they didn’t add an extra ingredient.

This victory strengthens IJ’s broader strategy to ensure the government can’t silence entrepreneurs or keep consumers from hearing truthful and useful information.

If you want to help IJ achieve more wins for free speech and other rights enshrined in the Constitution, join our fight today! ([link removed] )

Scott

Scott G. Bullock

President and Chief Counsel

Institute for Justice

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