Big Win in 11th Circuit Skim-Milk Case in Which I Served as an Expert

Last week the 11th Circuit Court of Appeals overturned an earlier U.S. District Court ruling and handed a well-deserved victory to Ocheesee Creamery, the plaintiff in a First Amendment lawsuit against Florida's agriculture department. Ocheesee was represented in the case by the Institute for Justice.

As I detailed in my book, Biting the Hands that Feed Us: How Fewer, Smarter Laws Would Make Our Food System More Sustainable, I'm proud to have served as an expert witness in the case on behalf of Ocheesee, which was told by the state of Florida that they could not label their 100% natural skim milk as "skim milk" unless they added vitamin A to the milk. The state had suggested Ocheesee use bizarre and Orwellian terms to label their skim milk, including "Non-Grade 'A' Milk Product, Natural Milk Vitamins Removed" or "imitation skim milk." The 11th Circuit, reflecting points I made in my expert report, made clear that consumers are not confused by accurate food labels, such as when skim milk is labeled as "skim milk."

"The appeals court win this week is an important victory not just for Ocheesee Creamery but also for free speech, consumers, small businesses, and food freedom," I wrote in my latest weekly Reason column, which focuses on the Ocheesee victory.

What's next for the case? I'm waiting to see if Florida appeals to the U.S. Supreme Court and whether the nation's highest court agrees to take up the case.