HENRICO COUNTY, Va. (WRIC) — A Henrico County cake pop maker has found herself in an unexpected battle against the state of Virginia.
If there’s one thing Henrico resident Kelly Phillips loves to do in her free time, it’s making and selling cake pops. She founded “KP’s Kake Pops” in hopes of sharing her love with the world.
“I have built a very loyal client base, and I have been a part of big moments in people’s lives,” Phillips said.
In early December, she shared on social media that she’d be selling cake pops at a local craft show. But then, she said she got an email from the Virginia Department of Agriculture and Consumer Resources (VDACS), which said she wasn’t allowed to sell her cake pops there.
“I had to take my booth down,” Phillips said. “And the reason that they cited that is that a cottage food baker was only allowed to be set up at a farmers market or do direct from home sales.”
Despite having a business license in Henrico County, VDACS told Phillips that selling homemade baked goods is only legal in certain cases. The email also stated Phillips can’t post on social media or have a business website because selling her products online is illegal.
“I was never selling online, I was never collecting credit card info, anything like that,” said Phillips. “All I was doing was saying, ‘I’m going to be at this location, here’s my menu or here’s a picture.’”
This issue caught the attention of Virginia Governor Glenn Youngkin, who made a social media post in support of Phillips. The Institute for Justice, a libertarian nonprofit law firm, called the situation “a breathtaking violation of the First Amendment.”
After some back-and-forth, the state clarified that Phillips can post on social media and have a website if she’s not doing business online.
“If something feels wrong, like the ‘not allowed to post on social media’ felt wrong to me. Dig into it more and, you know, look at your resources,” Phillips said.
Phillips said she’s now looking into renting commercial kitchens so she can get the proper permit and return to selling at craft shows.
8News reached out to the state for comment and is yet to hear back.
