It will be important as to what comes out of the meeting on May 31st. But as of now, I don't know how he can claim that it is coming, when the law doesn't allow it? My opinion: They might get away with it in the state that they produce the ice cream in, but interstate commerce law will not allow it to be transported across state lines.
Click on link and scroll down to question #10.
A. No. Under section 301(ll) of the FD&C Act [21 U.S.C. § 331(ll)], it is prohibited to introduce or deliver for introduction into interstate commerce any food