Columbus, Ohio
June 30, 2008
Files suit to protect integrity
of organic standards & consumers' constitutional rights to
truthful product information
The
Organic Trade Association (OTA) today filed a legal
complaint against Ohio's Department of Agriculture, challenging
as unconstitutional an "emergency" rule seeking to prevent
labeling that tells a consumer whether the cows were treated
with rBST, the synthetic growth hormone manufactured and sold by
Monsanto under the brand Posilac(r). The lawsuit represents a
determined effort not only to protect the consumer's rights to
receive truthful information about how organic milk and dairy
products are produced, but also to protect the rights of organic
dairy farmers and processors to communicate truthfully with
consumers,
"The Organic Trade Association firmly believes that consumers
have a right to know, and want to know, about the products they
purchase, and organic farmers and processors have a right to
communicate with their consumers regarding federally regulated
organic production practices," stated Caren Wilcox, executive
director for the OTA. Attorney Randall J. Sunshine, a partner at
Liner Yankelevitz Sunshine & Regenstreif LLP, is representing
the OTA in this matter.
The federally mandated USDA National Organic Standards prohibit
the use of hormones to promote growth or increase production,
genetically engineered organisms (GMOS), antibiotics and toxic,
persistent pesticides and have a rigorous system for inspection,
certification and verification which protects consumers from
false claims. In issuing its rule prohibiting organic products
from being labeled "produced with milk from cows that have not
been treated with synthetic growth hormones", the State of Ohio,
however, has essentially chosen not to recognize the federal
Organic Foods Production Act (OFPA).
In a time of unprecedented food and fuel costs, and following a
year in which over 3000 of the nation's dairy farms shut their
doors, the State of Ohio has stepped in to further exacerbate
small dairy farmers' problems. For those farmers who have chosen
to not use rBST on their cows, and who were finding new and
growing markets by marketing their milk as no-rBST or organic,
Ohio has passed an "emergency" rule which will hurt the farmers'
ability to convey to consumers how they produce their milk.
Monsanto was the driving force behind getting FDA approval for
rBST and then turned its substantial resources towards lobbying
the Ohio Department of Agriculture for this new "emergency"
rule.
The new rule:
- Prohibits labels that
communicate agricultural production practices required by
law under the OFPA, which OTA's members already follow.
- Prohibits labels that are
either expressly permitted in a number of states or not
prohibited in other states.
- Dictates not only the
words, but also the form, size, location and even color of
the language that must be used on all dairy product labels.
- Requires that dairy
processors who are alleged to have violated those provisions
to be subjected to a range of penalties, including criminal
prosecution.
The Ohio rule violates the U.S.
Constitution in three distinct ways: First, the Ohio rule
violates the OTA members' free speech rights. Second, the OFPA
already provides substantial regulation of the organic products
industry and preempts enforcement of the Ohio rule with respect
to labeling protocols followed by organic dairy farmers. The
USDA's National Organic Program already has clear labeling
requirements for certified organic labels. Third, the Ohio rule
violates the Commerce Clause of the U.S. Constitution which
gives Congress sole authority to regulate interstate commerce.
Ohio has violated that prohibition by regulating dairy products
outside of Ohio that are shipped into the state and controlling
the labeling of dairy products in Ohio that are shipped outside
of the state.
"Any restrictions on our members' right to communicate details
of federally regulated organic production practices, such as the
non-use of added growth hormones and especially those derived
from genetic engineering, or the use of pesticides and
antibiotics, will hurt organic farmers, producers and
processors," concluded Wilcox. "More importantly, the
regulations will restrict the rights of consumers to truthful
information about the milk produced by organic dairies.
Consumers in Ohio have voiced their concern over these new
regulations and have written over 1600 letters in opposition to
of the regulations to Director Boggs and Governor Strickland.
However, these voices have been ignored in favor of Monsanto's
sole voice, and that is why we were forced to take this action
today."
A similar action has also been filed today by the International
Dairy Foods Association,
www.idfa.org.
The Organic Trade Association (OTA) is the membership-based
business association for organic agriculture and products in
North America. Its more than 1,700 members include growers,
shippers, processors, certifiers, farmers' associations,
distributors, importers, exporters, consultants, retailers and
others. OTA's mission is to promote and protect the growth of
organic trade to benefit the environment, farmers, the public
and the economy. |
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