Good news for Ohio’s dairy industry! On March 30, Judge James L. Graham of the US District Court for the Southern District of Ohio, Eastern Division, issued a ruling that upheld nearly all of the Ohio Department of Agriculture's dairy labeling rule.

 

Click here for the Court’s order and written opinion.

 

ODA issued its final rule in May 2008. The International Dairy Foods Association and the Organic Trade Association objected to the rule and filed motions with the Court for summary judgment on claims of constitutionality, interference with commerce, vagueness and supremacy.

 

In his ruling, Judge Graham granted ODA's motion for summary judgment on everything except whether Ohio's dairy labeling rule violates plaintiffs' First Amendment rights for those processors who use small containers, although what constitutes "small" is not defined in the order. 

 

The Court found "the Ohio rule, using the FDA guidance as a roadmap, strikes the right balance between preventing misleading information and providing enough information for consumers to make an informed choice. The Ohio rule appropriately prohibits misleading information by banning misleading composition claims, and encourages dissemination of accurate nonmisleading production claims. The rule accommodates the interests of processors who want to appeal to the organic market and consumers who want to avoid milk from cows treated with artificial hormones while at the same time protecting producers of milk from cows treated with artificial hormones from consumer confusion." 

 

ODPA and the Ohio Farm Bureau jointly filed an amicus curae brief in support of ODA’s rule. The Court noted, on the first page of their written opinion, that it considered this information. 

 

ODPA was actively involved in the development of the final rule, having ODPA members and leadership serve on the rule's advisory committee and testifying in support of it during public hearings.  

 

Since the order denied an injunction, plaintiffs can appeal immediately, rather than waiting for the court to resolve the remaining issue of whether the dairy labeling rule violates the 1st Amendment for processors who use small containers.  Plaintiffs notice of appeal will be due in 30 days from the date in which Judge Graham issued his order.  

 

ODPA commends the Ohio Department of Agriculture for addressing false and misleading dairy labeling, and for being progressive with labeling regulation that should be adopted nationwide.

 

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The Ohio Dairy Producers Association is the grassroots legislative, producer education and research organization for Ohio’s dairy industry.