By Peggy Armstrong, Director of Communications

Concerned about declining fluid milk sales and the precedent that Ohio's new rule would set, the International Dairy Foods Association is challenging Ohio's regulations on the labeling of dairy products using milk from cows that have not been treated with artificial growth hormones. IDFA filed suit against the State of Ohio in federal court earlier this week.

Ohio’s rule – which dictates not only the words, but the font, style, case, color and even size of the language to be used – violates the First Amendment commercial free speech rights of dairy processors. The rule also violates the interstate commerce clause of the U.S. Constitution.

With growing consumer concern about the use of artificial growth hormones, combined with declining fluid milk sales, IDFA believes that dairy processors must be able to truthfully label products made with milk from cows not treated with artificial growth hormones. We support the use of the labeling guidance offered by Food and Drug Administration, which clearly states that there is no significant difference in the milk – and that all milk is wholesome, safe and nutritious.

However, Ohio’s labeling regulation is so cumbersome, especially for national and regional dairy manufacturers, that many processors will be forced to simply drop information about artificial growth hormones from all labels. Requiring the use of one label in Ohio when another is used in virtually every other part of the country imposes undue burden and costs on processors. And this comes at a time when the state and national economies are already under stress. The practical effect of the Ohio regulation is to silence dairy processors and prevent Ohioans from knowing whether artificial growth hormones have been used in dairy products.

IDFA does not take this step lightly, but feels that this lawsuit is the next step needed to resolve this important dispute – not only in Ohio, but throughout the country.

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