Don't Overlook The 1st Amendment In Labeling Litigation

Law360, New York (May 18, 2017, 11:02 AM EDT) -- Recently, in a case that should remind retailers and their suppliers to consider their First Amendment rights as they relate to the regulation of product labeling, the Eleventh Circuit Court of Appeals held that the actions of the Florida Commissioner of Agriculture and the Chief of the Florida Bureau of Dairy Industry violated a dairy company’s First Amendment rights relating to use of the term “skim milk.” Ocheesee Creamery LLC v. Putnam, 851 F.3d 1228 (11th Cir. March 20, 2017).

The challenge before the court involved...
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