The judge assigned to hear the two labeling lawsuits recently filed in Ohio held a second status conference last Friday with counsel for IDFA, the Organic Trade Association (OTA) and the State of Ohio Department of Agriculture. There were two positive developments.
First, Judge Graham decided that the enforcement date for the Ohio rule would be 90 days after his final ruling, if label changes are needed. He also said that IDFA and OTA could come back to him or to the Appeals court to seek additional time for compliance if necessary.
Second, with the agreement of IDFA, OTA, and Ohio, the Judge set a briefing schedule for Motions for Summary Judgment, which will require that both IDFA and OTA file pleadings with the Judge by the end of August.