Appeals Court Hears Arguments Anew On Country-Of-Origin Labeling

Appeals Court Hears Arguments Anew On Country-Of-Origin Labeling

By Stefanie Jill Fogel and Mary B. Langowski

On May 19, the US Court of Appeals for the DC Circuit, sitting en banc, heard arguments in a case brought by the meat industry challenging COOL as a violation of free speech under the First Amendment. In March, a panel of that court denied the meat industry’s bid to impose a preliminary injunction against the labeling and found the meatpacking industry’s effort was “unlikely to succeed on the merits of its claims.” Supporters of the labels, including many in the US farming industry, assert COOL helps consumers make informed decisions about the quality and potential safety of the meat they buy.

Motion for rehearing granted by en banc United States Court of Appeals for the District of Columbia: Am. Meat Inst. v. United States Dep't of Agric., 2014 U.S. App. LEXIS 6240 (D.C. Cir. Apr. 4, 2014), [ enhanced version available to lexis.com subscribers].

Denial of Preliminary Injunction affirmed on appeal by United States Court of Appeals for the District of Columbia: Am. Meat Inst. v. United States Dep't of Agric., 746 F.3d 1065 (D.C. Cir. 2014), [ enhanced version available to lexis.com subscribers].

Denial of Preliminary Injunction by United States District Court for the District of Columbia: Am. Meat Inst. v. United States Dep't of Agric., 968 F. Supp. 2d 38 (D.D.C. 2013), [ enhanced version available to lexis.com subscribers].

USDA’s regulations requiring mandatory country-of-origin labeling (COOL) statements: 7 CFR 65.300, [ enhanced version available to lexis.com subscribers], .

Country-of-origin labeling statute: 7 USCS § 1638a, [ enhanced version available to lexis.com subscribers].

First Amendment of the United States Constitution: USCS Const. Amend. 1, [ enhanced version available to lexis.com subscribers].

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