Ohio rBGH Labeling Rule Overturned

WASHINGTONMore than two years after filing a lawsuit against Ohios director of Agriculture, the Organic Trade Association (OTA) announced The United States Court of Appeals for the Sixth Circuit ruled in its favor, overturning portions of an Ohio rule regarding the labeling of dairy products produced without synthetic growth hormones.

OTA believes consumers have a right to know how their food was produced, and organic farmers and manufacturers should be allowed to tell them," said Christine Bushway, CEO of OTA. We are pleased the court agrees."

In Feb. 2008, Ohio Gov. Ted Strickland issued an emergency rule saying that milk made from cows not treated with recombinant bovine growth hormone (rBGH) must be labeled "from cows not treated with artificial growth hormones," and including a disclaimer stating that there is "no significant difference between milk from rBGH-treated cows and milk from untreated cows." Other states allow a simple rBGH-free" label on milk products.

Supporters of the governors rule said it protects consumers from false or misleading information; opponents say the labeling provision negatively impacts a dairy producers ability to inform consumers that the product was made from cows not treated with the growth hormone. Upon filing the lawsuit, OTA said: OTA seeks to invalidate the new Ohio regulation and prevent the state of Ohio from restricting OTA members rights to inform consumers of accurate information regarding federally regulated organic production practices. 

Following todays ruling, OTA issued a new statement saying the courts decision upholds consumers rights to receive truthful information about organic production practices on the labels of their milk and other dairy products. Additionally, it recognizes the rights of organic dairy farmers and processors to communicate truthfully with consumers regarding federally regulated organic production practices under the USDA Organic seal. As a result of this victory for organic, consumers will continue to see truthful information on organic product labels in Ohio and across the country."