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Victory: Court Says Creamery Can Label Its Skim Milk … ‘Skim Milk’ (Huh?)
Image source: Institute for Justice
TALLAHASSEE, Fla. – In what some are calling a victory for common sense and liberty, a U.S. federal appeals court Monday handed a creamery a major victory by ruling that all-natural skim milk can be labeled “skim milk” even if it is not injected with state-mandated Vitamin A.
The unanimous 3-0 decision overturned a decision from earlier this year by a federal judge.
At the heart of the controversy is Ocheesee Creamery, which has an all-natural philosophy and clams that injecting the vitamin would make its skim milk anything but all-natural. The state had ordered the creamery to label the skim milk “imitation skim milk” if it didn’t have Vitamin A.
The creamery sells cream, skimmed from whole milk, to families and coffee shops; skim milk is the byproduct. The creamery currently dumps about 400 gallons of skim milk each day because it refuses to label its product “imitation.”
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The creamery’s use of “skim milk” to describe its product “is not inherently misleading,” the judges ruled.
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“As the Creamery’s label does not concern unlawful activity and is not inherently misleading, the Creamery’s commercial speech merits First Amendment protection,” read the ruling, which vacated the lower court’s decision.
Source: http://www.offthegridnews.com/current-events/victory-court-says-creamery-can-label-its-skim-milk-skim-milk-huh/
