Tag: dairy
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Plant-Based Products Cannot Be “Milk, ” ECJ Rules
The European Court of Justice (ECJ) has ruled that plant-based products cannot use milk- or dairy-related terms for product names or in marketing because the terms are “exclusively” reserved for animal-milk products under EU law. Verband Sozialer Wettbewerb eV v. Tofu Town.com GmbH, Case C 422/16 (order entered June 14, 2017). Verband Sozialer Wettbewerb eV,…
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ASA Blocks Dairy Farm’s Environmental Advertising
The U.K. Advertising Standards Authority (ASA) upheld a complaint arguing an advertisement for Arla Foods’ organic milk was misleading because it included the statements “Good for the land” and “helping support a more sustainable future.” ASA reviewed evidence the company provided about its organic farming methods but concluded that the dairy had failed to substantiate…
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Second Circuit Upholds Milk Price-Fixing Settlement
The Second Circuit has upheld the $50 million settlement of an alleged milk price-fixing conspiracy, holding that “[b]y their nature, settlements are compromises that do not provide either side with all that they might have hoped to obtain in litigation.” Haar v. Allen, No. 161944 (2d Cir., order entered April 18, 2017). The class action…
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Wisconsin Butter Ban Violates Constitutional Rights, Lawsuit Alleges
An Ohio company has filed a lawsuit alleging Wisconsin’s ban on sales of ungraded butter violates the Commerce Clause, due process, equal protection and free speech. Minerva Dairy, Inc. v. Brancel, No. 17299 (W.D. Wis., filed April 20, 2017). In early 2017, Wisconsin began enforcing a 1954 law requiring all butter sold in the state…
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U.S.-Canada Trade Dispute Centers on Milk
President Donald Trump has indicated that he will attempt to renegotiate the North American Free Trade Agreement after making several negative comments about Canada’s dairy pricing. The dispute centers on ultra-filtered milk, a product used in the production of cheese that U.S. dairy farmers previously sold to Canadian companies. After Canadian dairy farmers in Ontario…
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Kerrygold Files Trademark Suit Against Wisconsin Maker of Irishgold Butter
The Irish distributor of Kerrygold butter won an emergency restraining order against a Wisconsin creamery after alleging the creamery backed out of an agreement to process Kerrygold locally and later created its own nearly identical product, “Irishgold,” infringing Kerrygold’s trademark. Ornua Foods N. Am., Inc. v. Eurogold USA LLC, No. 170510 (E.D. Wis., filed April…
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Non-Fortified Skim Milk is Skim Milk, Eleventh Circuit Holds
The U.S. Court of Appeals for the Eleventh Circuit has overturned a Florida court’s summary judgment against Ocheesee Creamery, finding that the company can sell its milk product as skim milk despite its refusal to follow a Florida law requiring skim milk to be fortified with vitamin A. Ocheesee Creamery LLC v. Putnam, No. 16-12049…