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DC Circuit Issues En Banc Decision Upholding Country of Origin Labeling
06 August 2014
A divided U.S. Court of Appeals for the District of Columbia Circuit recently issued an en banc decision upholding on First Amendment grounds the U.S. Department of Agriculture (USDA)Agricultural Marketing Service’s (AMS’s) mandatory country of origin labeling (COOL) rule for certain meat and poultry products in American Meat Institute v. U.S. Department of Agriculture.
Over a lengthy dissent, the DC Circuit majority concluded that the disclosures required under COOL are “factual and uncontroversial,” and that the government had a “substantial” interest in providing the information to consumers. Accordingly, the compelled disclosure did not violate the First Amendment. The decision could affect other disclosure-based labeling schemes that are not based on ensuring safety or preventing deception.
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Authored by Gary Kushner and Brian Eyink.
Washington, D.C.
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