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Groups suing over Ohio milk labeling rule 7-1-08
Two dairy industry trade groups filed lawsuits Monday over a new state rule that
critics say restricts how consumers are informed about whether milk is made from
cows that were given a synthetic hormone.
The labeling rule violates rights to free speech and impedes interstate
commerce, according to the Organic Trade Association and the International Dairy
Foods Association, which filed separate lawsuits in U.S. District Court in
Columbus against the Ohio Department of Agriculture.
The issue involves cows treated with the growth hormone recombinant bovine
somatotropin, or rbST. The hormone is approved for use in the U.S. but is banned
in Canada and in European Union countries, primarily because of concerns that it
leaves cows more prone to illness.
The Ohio rule, adopted in May and scheduled to begin Sept. 19, says any dairy
producer that advertises its milk as hormone-free must place a disclaimer next
to the label that the U.S. Food and Drug Administration has found no significant
difference between milk coming from cows treated with the hormone and those that
are not.
The disclaimer must be in seven-point size and in the same font, case and color,
the rule states.
"The department believes the dairy labeling rule that was adopted in May is
lawful and appropriate," spokeswoman Cindy Brown said.
Other states do not mandate where a disclaimer must go or that it must be in the
same font and color. The trade groups want a judge to grant an immediate
injunction.
The two trade associations filed separate lawsuits because organic labeling
falls under a different set of regulations. But both groups argue that Ohio's
rule is much more restrictive than those in other states and will require them
to incur heavy costs to produce specific labels for Ohio.
Reworking artwork and plates will cost Orrville-based Smith Dairy Products Co.
about $6,250 per label, wrote company president Steve Schmid in paperwork filed
with the IDFA's lawsuit.
The rule hurts farmers' ability to convey to consumers how they produce their
milk, the groups said. Some producers have said the new law is so restrictive
and costly that they will simply stop putting hormone information on labels,
giving consumers less information.
Cincinnati-based Kroger Co. (nyse: KR - news - people ) is among the retailers
in recent years that have switched to selling milk from cows that are not
treated with the synthetic hormone because of demand from consumers.
Comment:
Just one of the many ways government red tape is trying to squeeze out organics!