FDA Ducks Md. Farm's Skim Milk Labeling Challenge In Pa.

Law360 (February 25, 2020, 6:30 PM EST) -- A Pennsylvania federal judge on Tuesday junked a dairy producer's bid to challenge U.S. Food and Drug Administration milk labeling requirements after finding the agency had no plans to pursue an enforcement action against the farm.

While South Mountain Creamery LLC was looking to challenge FDA requirements that it label skim milk without added vitamins as "imitation," U.S. District Judge Yvette Kane said the government's statement that it had no interest in enforcing the rule meant there was no real controversy at issue in the case.

In her 15-page ruling throwing out the case, Judge Kane noted that the FDA had not...

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