US alt-meat producer Meati Foods, which provides fungi-based alternatives to traditional meat products, is facing a false advertising class action lawsuit.

The lawsuit, filed in the Eastern District of California by plaintiff Serena Caldeira, alleges that Meati falsely states its products are made from ‘mushroom root’ when they are made from the mycelium of ‘Neurosporo crassa,’ a red mould that commonly grows on bread.

The filing goes on to claim that Meati “intentionally lies” about its products being made from mushrooms, because “internal research showed that consumers would not purchase its products if Meati disclosed their products’ main ingredient is mould, and/or customers would not pay the higher prices that Meati charges for its products if this fact was disclosed.”

Plaintiff Caldeira claims that the mushroom root labelling is “particularly dangerous” because “consuming high concentrations of mould can cause severe allergic reactions in members of the consuming public, and can potentially lead to death.”

The complaint does not put forward any evidence showing that Neurosporo crassa has been linked to any food safety issues. Fungi-based ingredient provider The Better Meat Co, which also uses the N. crassa filamentous fungi strain in its 'Rhiza' mycoprotein ingredient, announced this month that it had received FDA Generally Recognized as Safe (GRAS) approval for the ingredient's use in meat and dairy analogues.

Caldeira calls for a court order requiring Meati to remove any statements that its products are ‘Made from mushroom root’ and/or ‘Made from 95% mushroom root protein,’ from its products, website and any other promotional material. Caldeira argues that instead, ‘This product contains mould” and ‘95% mould’ should be displayed in place of the previous mushroom root claims.

Meati had already begun to move away from its 'mushroom root' messaging this year, focusing instead on referring to the ingredient simply as mycelium. Mycelium is the root-like structure of fungi, and certain varieties can produce fruiting bodies such as mushrooms in the correct conditions. Though a less familiar concept with consumers than mushrooms, mycelium is increasingly being utilised as a protein source (referred to as mycoprotein) by companies within the plant-based food and beverage industry. Alt-meat giant Quorn Foods pioneered this category and has been selling its mycoprotein products since the 1980s.

A similar lawsuit was filed against Quorn in 2016, accusing Quorn of misleading consumers by implying that its products were made from mushrooms. Quorn’s main mycoprotein ingredient is made from Fusarium venenatum, a type of fungus that grows in soil.

The case was settled under an agreement that saw Quorn required to add a disclosure to its product labels, stating: “Mycoprotein is a mould member of the fungi family. There have been rare cases of allergic reactions to products that contain mycoprotein.”

Meati was founded in 2017 in Boulder, Colorado, US. Its mycelium-based cutlets and steaks are sold in 7,000 stores nationwide. Last week, the company announced an expansion of it leadership team with the appointment of John Bortells, chief commercial officer, and Becky O’Grady, board member.

Bortells’ experience within the industry includes working with F&B giant PepsiCo, as well as dairy brands A2 Milk and Clover Sonoma.

Phil Graves, CEO of Meati, commented: “When many doubted dairy due to lactose allergies, John and his team successfully introduced A2 milk as a safe and enjoyable option. His deep understanding of food, nature and innovation in culinary experiences is unparalleled.”

Graves added: “The way I see it, there are two missions with Meati and mycelium more broadly: the first is to offer the best tasting food with the best nutrient profile, to as many people as possible. The second is to help heal the earth along the way. My job is to show people what’s possible here.”

The Plant Base has reached out to Meati for comment.

Top image: © Meati Foods

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