Brooks Law Digest: Dairy/Milk

Food Lion, a supermarket chain, and the Maryland and Virginia Milk Producers Cooperative Association have filed suit against the Dairy Farmers of America, alleging that the proposed merger between the corporation and Dean Foods Company violates federal antitrust law and are seeking injunctive relief.

The Environmental Protection Agency has filed suit against a Michigan dairy operation, Walnutdale Family Farms LLC, alleging that the company is violating the Clean Water Act and ignoring a consent decree between it and the agency.

Senator Elizabeth Warren announced that she will co-sponsor the Farm System Reform Act, legislation introduced in 2019 that would both prevent the construction of any new factory farms and require the closure of existing factory farms by the year 2040. The legislation would also amend the Packers and Stockyards Act of 1921 to bolster antitrust enforcement and require country of origin labeling.

A federal judge has dismissed a lawsuit alleging that the company advertises that it uses “happy cows” to make its ice cream despite the fact that most of the milk used in Ben & Jerry’s products is obtained from factory farming dairy operations. The ruling was based on the judge’s finding that the company never claimed it exclusively used milk from the humane program.

H.R. 6718, introduced by Democrat Ro Khanna, proposes to place a moratorium on concentrated animal feeding operations and to require country of origin labeling on some animal products. The full text of the bill has not yet been released.

A piece by Gosia Wozniacka published in Civil Eats explores the relationship between climate change, dairy operations, and dairy digesters.

A federal court has found that two Washington dairy farms continued to pollute local drinking water even after a 2015 agreement with nonprofits that the companies would take steps to manage pollution output. The judge will consider additional briefing before ruling on appropriate sanctions.

The Food and Drug Administration has issued a letter to cultivated dairy startup Perfect Day, stating that the agency currently has “no questions” regarding the company’s conclusion that its non-animal whey protein is Generally Recognized as Safe (GRAS) for its intended use.

Virginia Governor Ralph Northam vetoed a bill passed by both the House and Senate that would have prohibited foods to be labeled as “milk” unless that product was “obtained by the complete milking of a healthy hooved mammal.”

Canadian dairy farmers are reportedly dumping dairy products in an effort to prevent oversupply and ensure that prices remain stable.