4 October 2010

2 minute read

North America

In a unanimous decision by a three-judge panel, the US Court of Appeals for the Sixth Circuit reversed a district court decision that would have allowed the state of Ohio to ban the use of compositional claims on dairy product labels and dictate the placement of disclaimer statements.

"We're pleased with the decision and feel that the court upheld our position that IDFA members have the constitutional right to make truthful and not misleading claims on their product labels," said Clay Hough, IDFA senior group vice president.

Specifically, the Appeals Court found that the rule's absolute ban on compositional claims, such as "rbST Free," and the prohibition against using an asterisk to connect any claim to any disclaimer violated processors' First Amendment rights.

Dairy processors and retailers, responding to growing consumer interest, are providing dairy products made with milk from cows that have not been treated with artificial hormones, such as recombinant bovine somatotropin or rbST. As a result of the ruling, processors may continue to label these products with accurate compositional claims, providing consumers with the products they want and the information they need to make informed decisions.

The Appeals Court also concluded that the state's ban is more extensive than necessary and that prohibiting the use of an asterisk to link to a disclaimer statement "lacks a rational basis." The judges did agree, however, that Ohio could require the use of a disclaimer and the font, style and color to be the same as the claim.

IDFA originally filed the lawsuit on June 30, 2008, and filed its appeal in conjunction with the Organic Trade Association.

The International Dairy Foods Association (IDFA), Washington, D.C., represents the nation's dairy manufacturing and marketing industries and their suppliers, with a membership of 550 companies representing a $110-billion a year industry.

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