New Threat to Vegans - Deja Vu From McDonald's

WASHINGTON - March 8, 2021 - A San Francisco company is selling so-called "kill-free" chicken nuggets, but without disclosing that it nevertheless employs, in its manufacture, byproducts of animal slaughter - bovine serum harvested from butchered cattle - says public interest law professor John Banzhaf.

To produce this kill-free meat, chicken cells are steeped in a nutrient solution obtained by killing cows and then grown in a bioreactor, but the same process will also be used to produce other cultured kill-free meats including beef, salmon, and even kangaroo.

But sales of such products may constitute deceptive advertising since prospective customers - including many if not most vegans and vegetarians, as well as some members of religious groups such as Muslims, Hindus, Jews, etc. - who would be expected to be especially attracted to kill-free meat products, especially those made by a company with the suggestive name of "Eat Just Inc.," would strongly object to consuming foods made by butchering animals.

Since the same process will shortly be used to make kill-free salmon, it might also be objectionable to people who are willing to eat fish but not meat products: pesco-vegetarians or pescetarians, adds Banzhaf.

Banzhaf says this might well constitute "deja vu all over again," in the immortal words of Yogi Berra, since the law professor was once forced to put together a successful law suit against McDonald's for selling french fries "cooked in 100% pure vegetable oil" without disclosing that they were also pre-cooked in beef fat (tallow).

Not even willing to allow this deceptive advertising case to go to trial, the fast food giant agreed in a settlement to fully disclose this crucial fact, pay out over $12 million to the plaintiffs, and issue a public apology to the group of Banzhaf's law students ["Banzhaf's Bandits"] who researched the legal action as a class project.

Banzhaf noted that advertising claims, even though technically true, can nevertheless constitute unfair and deceptive trade practices if they fail to disclose a material (important to consumers) fact: e.g., a tire which advertises 25% more gripping strength in snow, but which fails to disclose that this make it 75% more likely to suffer a sudden blowout or slashes vehicle mileage.

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  • Issue by:Public Interest Law Professor John Banzhaf
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