INTERNATIONAL DAIRY FOODS ASS'N v. BOGGS

Nos. 09-3515, 09-3526.

622 F.3d 628 (2010)

INTERNATIONAL DAIRY FOODS ASSOCIATION (09-3515); Organic Trade Association (09-3526), Plaintiffs-Appellants, v. Robert J. BOGGS, in his official capacity as Ohio Director of Agriculture, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 30, 2010.


Attorney(s) appearing for the Case

ARGUED: Charles M. English, Jr. , Ober, Kaler, Grimes & Shriver, Washington, D.C., Randall J. Sunshine , Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP, Los Angeles, California, for Appellants. David M. Lieberman , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Charles M. English, Jr. , Wendy Yoviene , Ober, Kaler, Grimes & Shriver, Washington, D.C., Randall J. Sunshine , Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor LLP, Los Angeles, California, for Appellants. David M. Lieberman , Benjamin C. Mizer , Stephen P. Carney , William J. Cole , James Patterson , Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. Gregory R. flax , Baker & Hostetler LLP, Columbus, Ohio, Paige Tomaselli, The Center for Food Safety, San Francisco, California, for Amici Curiae.

Before: GILMAN and WHITE, Circuit Judges; THAPAR, District Judge.


OPINION

RONALD LEE GILMAN, Circuit Judge.

In response to a number of dairy processors advertising their nonuse of artificial hormones in the production of milk, the Ohio Department of Agriculture (ODA) adopted a regulation designed to curb the allegedly misleading labeling of dairy products. The regulation prohibits dairy processors from making claims about the absence of artificial hormones in their milk...

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