Lawsuit Involving USDA Mandatory Country of Origin Labeling Requirements Proceeds

December 3, 2013. The plaintiffs filed this action on July 8, 2013 alleging that USDA’s mandatory country of origin (“COOL”) labeling requirement violates the First Amendment of the U.S. Constitution, violates the Agricultural Marketing Act, and violates the Administrative Procedure Act (American Meat Institute, et al. v. U.S. Department of Agriculture).

Plaintiffs moved for a preliminary injunction to stop the implementation of the final rule, which the Court denied. Plaintiffs proceeded to appeal the denial of the preliminary injunction and moved for an expedited hearing. The U.S. District Court for the District of Columbia denied plaintiffs motion for an expedited hearing.

Oral arguments regarding the appeal of the denial of plaintiff’s motion for a preliminary injunction are scheduled for January 9, 2014. The COOL final rule took effect on May 23, 2013. The COOL final rule modified provisions of the COOL regulations after the World Trade Organization (WTO) determined that portions of the regulations violated U.S. trade obligations. The COOL final rule in place today requires labels on various cuts of meat that provide information on where it was born, raised, and slaughtered.

For additional information on COOL requirements, and this case particularly, please see our previous blog posts here and here. Also, please see an article published in the October Newsletter for the Center for Agricultural Law and Taxation here (article has expired). For additional information you can contact Goosmann Law at info@goosmannlaw.com or by calling 712.226.4000.