Federal Court Could Rule in COOL Dispute Within Two Weeks

According to a news source, the federal court that heard a challenge to the
U.S. Department of Agriculture’s (USDA’s) revision to its country-of-origin
labeling (COOL) rules to comply with a World Trade Organization ruling stated
during the hearing that it would issue a decision on the plaintiffs’ request for a
preliminary injunction within 14 days. Am. Meat Inst. v. USDA, No. 13-1033 (D.D.C., oral argument held August 27, 2013). Additional information
about a dispute that has split trade associations representing different parts
of the meat production industry appears in issues 490 and 495 of this Update.

The organizations seeking the injunction reportedly argued that “[t]his is a
regulation the agency concedes is a de minimis benefit . . . for a de maximus
cost.” They contend that the new rules violate their First Amendment rights
and could put them out of business. A USDA attorney apparently argued that
the new rule “provides more information” and that food-label accuracy was its
critical aim. The court did not indicate how it would rule, but noted that the
statute requiring COOL “says American consumers need to know where the
meat comes from.” Asking attorneys representing both sides of the dispute
whether Congress approved a law that cannot be implemented without
triggering an international trade dispute, the court also reportedly observed
that the “co-mingling” of meat products across borders, which the plaintiffs
contend will be banned under the rule, is the real issue, that is, the “dog being
wagged by the tail of the labeling.” See Politico, Law360 and Grainews.ca,
August 27, 2013.