COLUMBUS, Ohio (AP) — Two dairy industry trade groups filed lawsuits Monday over a new state rule that critics say restricts how consumers are informed about whether milk is made from cows that were given a synthetic hormone.

 

The labeling rule violates rights to free speech and impedes interstate commerce, according to the Organic Trade Association and the International Dairy Foods Association, which filed separate lawsuits in U.S. District Court in Cincinnati against the Ohio Department of Agriculture.

The issue involves cows treated with the growth hormone recombinant bovine somatotropin, or rbST. The hormone is approved for use in the U.S. but is banned in Canada and in European Union countries, primarily because of concerns that it leaves cows more prone to illness.

The Ohio rule, adopted in May and scheduled to begin Sept. 19, says any dairy producer that advertises its milk as hormone-free must place a disclaimer next to the label that the U.S. Food and Drug Administration has found no significant difference between milk coming from cows treated with the hormone and those that are not.

The disclaimer must be in seven-point size and in the same font, case and color, the rule states.

Other states do not mandate where a disclaimer must go or that it must be in the same font and color. The trade groups want a judge to grant an immediate injunction.

The two trade associations filed separate lawsuits because organic labeling falls under a different set of regulations. But both groups argue that Ohio’s rule is much more restrictive than those in other states and will require them to incur heavy costs to produce specific labels for Ohio.

Reworking artwork and plates will cost Orrville-based Smith Dairy Products Co. about $6,250 per label, wrote company president Steve Schmid in paperwork filed with the IDFA’s lawsuit.

The rule hurts farmers’ ability to convey to consumers how they produce their milk, the groups said. Some producers have said the new law is so restrictive and costly that they will simply stop putting hormone information on labels, giving consumers less information.

A spokeswoman for the Ohio Department of Agriculture said the agency would release a statement later Monday.

Cincinnati-based Kroger Co. is among the retailers in recent years that have switched to selling milk from cows that are not treated with the synthetic hormone because of demand from consumers.

 

---

Print this story
Report an inappropriate comment

---

In order to comment, you must agree to our user agreement and discussion guidelines.

Need help? Email Us.

---