'Milking' The 1st Amendment To Defend Food Label Claims
Law360, New York (April 26, 2017, 5:22 PM EDT) -- In a case with potentially significant ramifications for food and drug labeling and advertising, the Eleventh Circuit held that the First Amendment precluded the Florida Department of Agriculture from prohibiting a dairy company’s use of the phrase “skim milk” to describe its milk product. Ocheesee Creamery LLC v. Putnam, 851 F.3d 1228 (11th Cir. March 20, 2017).
The Ocheesee Creamery is a Florida dairy that sells all-natural dairy products, including milk from which all cream has been skimmed. Removing the cream, however, also removes all of the vitamin A (a fat-soluble vitamin). Under Florida law, milk cannot be sold as “milk”...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!