rBGH Labeling Lawsuit Settled

A First Amendment lawsuit, brought against the State of Illinois and City of Chicago by dairy processors who want to add anti-rBGH labels to their products, was settled in favor of the processors in mid-August. Since 1994, Illinois and Chicago have forbidden dairy processors from using voluntary labeling that states an opposition to the use of recombinant bovine growth hormone, or rBGH, in dairy cows. A coalition of companies, including Ben & Jerry's, Stonyfield Farm, Whole Foods Market, and Organic Valley, filed suit in 1996, charging that the ban "was a violation of the companies' First Amendment right to honestly inform customers." The companies were unable to distribute anti-rBGH labeled products nationally due to differing state requirements.

The agreed upon label, which includes language that follows the original FDA guidelines on voluntary rBGH labeling, will be seen on products beginning in September. It reads: "We Oppose Recombinant Bovine Growth Hormone. The family farmers who supply our milk and cream pledge not to treat their cows with rBGH. The FDA has said no significant difference has been shown and no test can now distinguish between milk from rBGH treated and untreated cows."

References

Ben & Jerry's press release, 8/14/97.