Beyond the state arena, recent federal initiatives may impact the alternative-foods industry writ large. One potential regulatory pitfall is the concurrent jurisdiction in this area between the FDA and the U.S. Department of Agriculture. The FDA has wide-ranging regulatory authority over most food products, including labeling disputes, while the USDA has primary authority over meat, poultry, and most egg products.

Against this regulatory backdrop, it appears that many of the same industry stakeholders lobbying at the state level are also active at the federal level. For example, in February 2018, the U.S. Cattlemen’s Association filed a petition with the USDA’s Food Safety and Inspection Service requesting that the agency officially define the terms “beef” and “meat” to include only traditional meat, and not cell- or plant-based meat products. Action does not appear to have been taken on the petition, which has been opposed by several alternative-foods advocacy organizations (on grounds including USDA jurisdiction, policy, and constitutional law).  Additionally, while the Federal Trade Commission has not taken any action against the advertising of alternative meats as meats, it is possible that the FTC could take some action in the future, raising yet another concern for the industry.