AMERICAN MEAT INSTITUTE v. DEPT. OF AGRICULTURE

No. 13-5281.

760 F.3d 18 (2014)

AMERICAN MEAT INSTITUTE, et al., Appellants v. UNITED STATES DEPARTMENT OF AGRICULTURE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 2014.


Attorney(s) appearing for the Case

Catherine E. Stetson argued the cause for appellants. With her on the briefs were Jonathan L. Abram , Judith E. Coleman , Mary Helen Wimberly , and Elizabeth B. Prelogar .

Peter D. Keisler , Jonathan F. Cohn , Erika L. Myers , Rachel L. Brand , Steven P. Lehotsky , and Quentin Riegel were on the brief for amici curiae The National Association of Manufacturers, et al. in support of appellants.

Jonathan Hacker and Anton Metlitsky were on the brief for amicus curiae Grocery Manufacturers Association in support of appellants.

Daniel Tenny , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the briefs were Stuart F. Delery , Assistant Attorney General, Ronald C. Machen Jr. , U.S. Attorney, and Mark B. Stern , Attorney.

Terence P. Stewart was on the brief for intervenors United States Cattlemen's Association, et al. in support of appellees.

Zachary B. Corrigan , Julie A. Murray , Scott L. Nelson , and Allison M. Zieve were on the brief for amici curiae Food and Water Watch, Inc., et al. in support of appellees.

Jonathan R. Lovvorn and Aaron D. Green were on the brief for amici curiae American Grassfed Association, et al. in support of appellees.

George A. Kimbrell was on the brief for amici curiae Center for Food Safety, et al. in support of appellees.

Mark E. Greenwold was on the brief for amici curiae Tobacco Control Legal Consortium, et al. in support of appellees.

Stephan E. Becker was on the brief for amicus curiae The United Mexican States in support of neither party.

Alan Kashdan was on the brief for amicus curiae Government of Canada in support of neither party.

Dissenting opinion filed by Circuit Judge BROWN, which Circuit Judge HENDERSON joins.


WILLIAMS, Senior Circuit Judge:

Reviewing a regulation of the Secretary of Agriculture that mandates disclosure of country-of-origin information about meat products, a panel of this court rejected the plaintiffs' statutory and First Amendment challenges. The panel found the plaintiffs unlikely to succeed on the merits and affirmed the district court's denial of a preliminary injunction. On the First Amendment claim, the panel read Zauderer v. Office of Disciplinary...

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