Northeast dairy farmers have reportedly settled their price-fixing claims against Dean Foods Co. for $30 million and injunctive relief requiring the company to buy a portion of its raw milk from multiple sources. Allen v. Dairy Farmers of America, No. __ (D. Vt., settlement reached December 24, 2010). While the agreement requires court approval, it would reportedly allow some 5,000 to 10,000 farmers to file claims for monetary damages over allegations that Dean Foods would buy milk only through Dairy Farmers of America (DFA) and its affiliates in the region. According to counsel for the plaintiffs, the case will continue against DFA, to resolve claims that “the nation’s largest cooperative monopolized a level of distribution of fluid milk in the Northeast and forced dairy farmers to join DFA or its marketing affiliate [Dairy Marketing Services] to survive.” See DairyLine.com, December 24, 2010; Worcester Business Journal, December 27, 2010; and Burlington…
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The Sixth Circuit Court of Appeals has determined that parts of an Ohio law regulating the use of labeling on dairy products from cows not treated with growth hormones violate the First Amendment. Int’l Dairy Foods Ass’n v. Boggs, Nos. 09-3515/3526 (6th Cir., decided September 30, 2010). The court also upheld other provisions and remanded parts of the rule relating to antibiotics and pesticides for further proceedings. Thus, the court overturned, in part, a district court determination that upheld most of the rule’s provisions. The Ohio Director of Agriculture adopted a rule in May 2008 that (i) prohibited dairy producers from claiming their milk was hormone-free (a composition claim) and (ii) placed stringent restrictions on the use of the claim “this milk is from cows not supplemented with rbST [recombinant bovine somatotropin or recombinant bovine growth hormone (rbGH)]” (a production claim). Among other matters, the latter require verification, and contiguous…
The Florida Board of Education is reportedly considering a ban on chocolate milk and sugary beverages in the state’s public schools. Board members evidently tabled the issue last spring in anticipation of federal government action, but recently decided to move forward to hear opinions from physicians and researchers on whether such a ban would improve children’s health. Hearings will be held over the next two months, with possible legislation coming in December. “When you think about it, we probably have a million overweight or obese children in our schools,” board member John Padget was quoted as saying. “I think the clock is ticking in terms of personal health.” Board member Susan Story reportedly wants the board to consider a possible ban on other foods sold in schools, including chips and ice cream. “To me, it’s a bigger issue that needs to be looked at and not a chocolate milk-versus-white milk…
The Eighth Circuit Court of Appeals has affirmed the dismissal of one defendant and several claims in multidistrict litigation (MDL) alleging that a dairy certified as organic and the retailers selling its milk violated state deceptive trade practices laws because the dairy did not comply with national organic program standards. In re: Aurora Dairy Corp. Organic Milk Mktg. Sales Practices Litig., No. 09-2762 (8th Cir., decided September 15, 2010). While finding express and conflict preemption as to those matters dismissed, the court also determined that some claims could survive, depending, on remand, how the district court rules on defendants’ motions to strike the consolidated class complaint and the plaintiffs’ motion to amend that complaint. Dismissed outright from the 19 consolidated putative class actions was the company that certified Aurora Dairy as an organic supplier. According to the court, “to the extent state law permits outside parties, including consumers, to interfere…
After Chinese food safety authorities recently found milk powder laced with melamine, police have reportedly arrested three officials from the Dongyuan Dairy Factory in Qinghai province and three dairy suppliers from Hebei province. Another 41 suspects have apparently been detained. More than 225 tons of contaminated milk powder have been seized, and authorities believe it is leftover from the batches of melamine-tainted milk powder that should have been destroyed in 2008 when a massive contamination scandal sickened more than 300,000 children and was linked to the deaths of six infants. Producers added melamine to milk powder to increase its protein content, but the required protein level in dairy products has since been reduced to discourage the use of additives. According to a press report, investigators are seeking evidence that local oversight authorities may have been derelict in their duties and will punish those found responsible. Chinese consumers have reportedly lost confidence…
The Chinese Ministry of Health has apparently announced an investigation into claims linking infant formula manufactured by Synutra International, Inc., to early onset puberty. According to state-run media, the ministry has assembled a panel of nine experts to examine whether the formula caused three infants ages 4 to 15 months to develop prematurely. The group will work with local authorities in Hubei Province to test milk powder samples taken from the homes of the infants in question. See Xinhau News Agency, August 12, 2010. The decision came after China Daily reported that doctors identified excessive levels of two hormones, estradiol and prolactin, in the children, thus sparking public speculation about tainted formula. Synutra, however, has since joined its milk powder supplier, New Zealand based Fonterra Cooperative Group Ltd., in denying the rumors, which have noted that both companies were caught up in a 2008 scandal over melamine-tainted dairy products. As Synutra…
A Wisconsin organic farm was reportedly scheduled to argue in court this week that state restrictions on the sale of raw milk do not apply where the sales are made to consumers who are part owners of the farm. While the legislature recently attempted to change a law that regulators contend allows incidental raw milk sales only, the state calls the farm’s sales in excess of $80,000 yearly to consumers, who each own a $10 share in the farm, well beyond what the law allows. Wisconsin’s governor vetoed the popular bill, which would have allowed on farm raw milk sales, apparently concerned that E. coli outbreaks purportedly linked to consumption of the unpasteurized product could affect the state’s entire dairy industry. Raw milk proponents dispute that any such link exists. Meanwhile, public health officials investigating a recent E. coli outbreak that has allegedly sickened eight Minnesota residents including school-aged children…
Wisconsin Governor Jim Doyle (D) has reportedly vetoed a proposal (S.B. 434) that would have allowed farmers to sell unpasteurized milk and milk products directly to consumers. Doyle indicated in April 2010 that he would likely sign the bill, but ultimately decided that the potential health risks of consuming raw milk outweighed its alleged benefits. “I recognize that there are strong feelings on both sides of this matter, but on balance, I must side with the interests of public health and the safety of the dairy industry,” he said in his May 19 veto message. He added that an expert task force will stay abreast of the issue to “make certain that the concerns and interests on all sides are fully analyzed.” Raw-milk opponents like plaintiffs’ lawyer Bill Marler assert that sales of the unpasteurized products could lead to bacterial contamination outbreaks while advocates reportedly contend that unprocessed milk contains…
“Don’t you love the idea of year-old infants drinking sugar-sweetened chocolate milk? And laced with ‘omega-3s for brain development, 25 nutrients for healthy growth, and prebiotics to support the immune system’?,” opines New York University Professor Marion Nestle in an April 26, 2010, Food Politics blog post decrying chocolate dietary supplements for toddlers ages 12 to 36 months. Claiming that consumers are paying 86 cents “for only six ounces of unnecessarily fortified milk plus unnecessary sugar and chocolate,” Nestle implies that chocolate- and vanilla-flavored formulas directly compete with milk as a weaning food. She also urges the Food and Drug Administration to issue warning letters to manufacturers whose products feature “front-of-package health claims clearly aimed at babies” younger than age 2. “No wonder Jamie Oliver encountered so much grief about trying to get sweetened, flavored milks out of schools,” writes Nestle. “Next: let’s genetically modify moms to produce chocolate breast…
Recent developments in the ongoing food safety debate over the production and sale of raw milk have recently focused the media spotlight in several states. According to a Denver Post article, Colorado is one of 29 states allowing “cow-share programs” to side-step laws that forbid the retail sale of raw milk, consumption of which has allegedly been linked to a resurgence of milk-related sickness in the United States. Under a cow-share program, consumers hold shares in dairy herds and receive raw milk products as a return on their investment. Some 60 Colorado dairies apparently now offer the service. Meanwhile, similar “buying clubs” are reportedly under fire in Massachusetts, where the mainstream dairy industry has, according to reports, lobbied Commissioner of the Department of Agricultural Resources Scott Soares to begin cracking down on the clubs. The department reportedly sent cease-and-desist letters to four buying clubs early in 2010. Mobilizing support for…
