ODA issued its dairy labeling ruling in 2008. The International Dairy Foods Association (IDFA) objected to the rule and filed a lawsuit against the State of Ohio challenging Ohio's dairy labeling regulation. The US District Court for the Southern District of Ohio, Eastern Division, upheld nearly all of the ODA dairy labeling rule.

However, IDFA, in conjunction with the Organic Trade Association (OTA), filed for an appeal with the US Court of Appeals for the Sixth Circuit. Unfortunately, the 3-judge panel ruled that Ohio’s milk labeling rule was unconstitutional. ODA did not seek a panel rehearing before the Sixth Circuit because there were still pending issues that remained in the District Court. Such an appeal would not have been automatic, but would have required acceptance by the US Supreme Court.

As part of their lawsuit, IDFA and OTA demanded payment of nearly $1.3 million in October 2010 from ODA for their attorney and litigation fees. ODA recently announced that they have agreed to withdraw their 2008 dairy-labeling rule if IDFA and OTA drop their $1.3 million claim from this multi-year court battle.

ODPA supports milk labeling rules that are more stringent than federal guidelines, and ODPA supported ODA in being progressive with labeling regulation. It is unfortunate that the US Sixth Circuit Court of Appeals did not agree with the lower court in support of Ohio’s milk labeling law.

ODPA recognizes that the $1.3 million claim is unacceptable for Ohioans to pay at a time when State funds are limited. Although disappointed, ODPA respects ODA’s decision to withdraw the rule and is confident that ODA will continue to address false and misleading labels that disparage one dairy product versus another through existing FDA rules.