Partner David Biderman was quoted in the FoodNavigator article, "Miyoko’s Kitchen Sued Over Vegan Butter Labels: ‘Products Bask in Dairy’s Halo,’" regarding the likely dismissal of the case.

This case will likely be stayed because of the ongoing FDA inquiry into standards of identity, [says David].

“The case should be dismissed or stayed. First, no consumer is deceived because the word vegan is so prominently displayed above the term butter. Consumers know vegan means no dairy, unless they have been living in a cave. Second this case will likely be stayed because of the ongoing FDA inquiry into standards of identity. A similar case (Kelley v. White Wave) challenging almond milk was stayed for this reason, and I would expect a Court to either dismiss or defer to the FDA on this.”