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TURTLE ISLAND FOODS, SPC v. THOMPSON

No. 19-3154.

992 F.3d 694 (2021)

TURTLE ISLAND FOODS, SPC, doing business as The Tofurky Company; The Good Food Institute, Inc., Plaintiffs-Appellants v. Locke THOMPSON, in his official capacity as Cole County Prosecuting Attorney and on behalf of a defendant class of all Missouri Prosecuting Attorneys, Defendant-Appellee State of Missouri, Intervenor-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 29, 2021.

Attorney(s) appearing for the Case

Jessica Almy , Nigel Barrella , Good Food Institute, Washington, DC, Alene Georgia Anello , Amanda Howell , Animal Legal Defense Fund, Cotati, CA, Kayla M. DeLoach , Omri E. Praiss , Anthony E. Rothert , Jessie M. Steffan , American Civil Liberties Union of Missouri, Saint Louis, MO, Gillian R. Wilcox , ACLU of Missouri Foundation, Kansas City, MO, for Plaintiffs-Appellants.

Michael G. Berry , Newman & Comley, Jefferson City, MO, for Defendant-Appellee.

Peter A. Houser , Justin D. Smith , Attorney General's Office, Jefferson City, MO, for Intervenor-Appellee.

Before COLLOTON, MELLOY, and KELLY, Circuit Judges.

Plaintiffs, Turtle Island Foods d/b/a The Tofurky Company (Tofurky) and the Good Food Institute (the Institute), brought a civil rights action under 42 U.S.C. § 1983 to challenge the constitutionality of Missouri Revised Statutes § 265.494(7) (the Statute), which criminalizes "misrepresenting a product as meat that...

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