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Thread: Florida Creamery Fights Gov-Mandated Mislabeling of Skim Milk

  1. #1

    Florida Creamery Fights Gov-Mandated Mislabeling of Skim Milk

    Florida-based Ocheesee Creamery is fighting a state agricultural department rule that bars the business from accurately labelling its skim milk as skim milk. Because creamery owner Mary Lou Wesselhoeft does not inject vitamin A into the milk, the Florida Department of Agriculture and Consumer Serices (DACS) says she can only label it "Non-Grade 'A' Milk Product, Natural Milk Vitamins Removed".

    Ocheesee Creamery and the Institute for Justice (IJ) are challenging this labeling requirement, which certainly doesn't make for spectacular marketing. But Wesselhoeft and IJ go one step further and say that the label is actively misleading to consumers, since her skim milk is not a "milk product" but whole, natural milk with the cream skimmed off. This is, by definition, how skim milk is made.

    "It is unconstitutional for government to force businesses to mislead their customers," states IJ, accusing the Florida government of claiming "the power to change the definition of ordinary words."

    Florida law requires those who sell skim milk—a process that necessarily means removing a lot of the milk's natural nutrients—to artificially boost the beverage's vitamin-A level until it matches that found in whole milk. Wesselhoeft refuses to do so, citing an anti-additive philosophy she shares with her customers. But the state says without vitamin A enhancement, she can't call the product skim milk, nor will they negotiate with her on other acceptable labeling, according to the creamery's lawsuit.

    "The government is censoring me from telling my customers what is in the milk they want to buy," said Wesslhoeft. "I have a right to label the skim milk I want to sell as exactly what it is: pasteurized skim milk."

    Her case, Ocheesee Creamery v. Putnam and Newton, was filed in federal court Thursday. The case is part of IJ's National Food Freedom Initiative, a campaign consisting of "property rights, economic liberty and free speech challenges to laws that interfere with the ability of Americans to produce, market, procure and consume the foods of their choice." So far, the initiative has seen success in a challenge to Oregon's ban on raw milk advertising; a challenge to a Miami Shores, Florida, ban on front-yard vegetable gardening and Minnesota restrictions on selling homemade baked goods are ongoing.

    Wesselhoeft and her husband and creamery co-owner Paul aren't seeking monetary damages, only the right to "engage in truthful speech about its lawful skim milk."
    http://reason.com/blog/2014/11/20/cr...eling/#comment



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  3. #2
    Attached Thumbnails Attached Thumbnails RegulationProtectsUs-768x459.jpg  

  4. #3
    Justice will not be found in their courts..



    This simple analogy applies to milk as well as free speech......

  5. #4
    That's why I have a problem with pasteurizing--it takes all the goodness out of milk and replaces it with synthetic ones.

    I agree with Tod, they won't get anywhere in these courts. Plus, here is an example of a company wanting to voluntarily label their product and government is stepping in to forbid it.
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  6. #5
    Quote Originally Posted by donnay View Post
    That's why I have a problem with pasteurizing--it takes all the goodness out of milk and replaces it with synthetic ones.

    I agree with Tod, they won't get anywhere in these courts. Plus, here is an example of a company wanting to voluntarily label their product and government is stepping in to forbid it.
    I thought we were told that doesn't happen in America, and that if it did and we opposed it then we were statists?

  7. #6
    So if you sell milk you have to label it "milk product"

    But if you add things to the milk you can label it milk?

    *confused*

    'We endorse the idea of voluntarism; self-responsibility: Family, friends, and churches to solve problems, rather than saying that some monolithic government is going to make you take care of yourself and be a better person. It's a preposterous notion: It never worked, it never will. The government can't make you a better person; it can't make you follow good habits.' - Ron Paul 1988

    Awareness is the Root of Liberation Revolution is Action upon Revelation

    'Resistance and Disobedience in Economic Activity is the Most Moral Human Action Possible' - SEK3

    Flectere si nequeo superos, Acheronta movebo.

    ...the familiar ritual of institutional self-absolution...
    ...for protecting them, by mock trial, from punishment...


  8. #7
    Quote Originally Posted by presence View Post
    So if you sell milk you have to label it "milk product"

    But if you add things to the milk you can label it milk?

    *confused*
    Welcome to the wonderful world of American Dairy Regulation. It's been this way since the 50's.

  9. #8
    LOL when I tried to legalize raw milk in NC, the State Dairy Association came in and played a bunch of 1950's horror/propaganda flicks promoting Dairy regulation. They poured out vats of milk into cisterns of mud and fecal matter (I kid you not) showed farmers scooping out this filthy crap and pouring it into bottles, and then they showed imagery of people getting sick, vomiting, going to the hospital, and dying. An then dude basically said, "And that's why we cannot allow raw milk in North Carolina." and then everybody but two of us voted for his $#@!.



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  11. #9
    Quote Originally Posted by GunnyFreedom View Post
    They poured out vats of milk into cisterns of mud and fecal matter (I kid you not)
    Funny, it gets pumped into sanitized stainless tanks at 3'C around here.

    I'm the local plumber.

    'We endorse the idea of voluntarism; self-responsibility: Family, friends, and churches to solve problems, rather than saying that some monolithic government is going to make you take care of yourself and be a better person. It's a preposterous notion: It never worked, it never will. The government can't make you a better person; it can't make you follow good habits.' - Ron Paul 1988

    Awareness is the Root of Liberation Revolution is Action upon Revelation

    'Resistance and Disobedience in Economic Activity is the Most Moral Human Action Possible' - SEK3

    Flectere si nequeo superos, Acheronta movebo.

    ...the familiar ritual of institutional self-absolution...
    ...for protecting them, by mock trial, from punishment...


  12. #10
    Quote Originally Posted by presence View Post
    Funny, it gets pumped into sanitized stainless tanks at 3'C around here.

    I'm the local plumber.
    Aye, but that imagery would not have helped the Dairy Association stooge argue against raw milk in my committee, you see.

  13. #11
    Quote Originally Posted by presence View Post
    So if you sell milk you have to label it "milk product"

    But if you add things to the milk you can label it milk?

    *confused*
    Yes and yes--especially the bioengineered hormone, Bovine Somatotropin (rBST). This is what happens when government steps-in and tells you what is good for you and helps Big pHARMa in the process. *SIGH*
    “The spirits of darkness are now among us. We have to be on guard so that we may realize what is happening when we encounter them and gain a real idea of where they are to be found. The most dangerous thing you can do in the immediate future will be to give yourself up unconsciously to the influences which are definitely present.” ~ Rudolf Steiner

  14. #12
    Quote Originally Posted by GunnyFreedom View Post
    Aye, but that imagery would not have helped the Dairy Association stooge argue against raw milk in my committee, you see.
    You think it would help if I wore a beard net?

    'We endorse the idea of voluntarism; self-responsibility: Family, friends, and churches to solve problems, rather than saying that some monolithic government is going to make you take care of yourself and be a better person. It's a preposterous notion: It never worked, it never will. The government can't make you a better person; it can't make you follow good habits.' - Ron Paul 1988

    Awareness is the Root of Liberation Revolution is Action upon Revelation

    'Resistance and Disobedience in Economic Activity is the Most Moral Human Action Possible' - SEK3

    Flectere si nequeo superos, Acheronta movebo.

    ...the familiar ritual of institutional self-absolution...
    ...for protecting them, by mock trial, from punishment...


  15. #13
    Quote Originally Posted by donnay View Post
    That's why I have a problem with pasteurizing--it takes all the goodness out of milk and replaces it with synthetic ones.

    I agree with Tod, they won't get anywhere in these courts. Plus, here is an example of a company wanting to voluntarily label their product and government is stepping in to forbid it.
    According to the article it was the removal of fat by skimming which reduced the nutrients in the milk- not the pasturization.

    Florida law requires those who sell skim milk—a process that necessarily means removing a lot of the milk's natural nutrients—to artificially boost the beverage's vitamin-A level until it matches that found in whole milk.

  16. #14
    Florida law requires those who sell skim milk—a process that necessarily means removing a lot of the milk's natural nutrients—to artificially boost the beverage's vitamin-A level until it matches that found in whole milk.
    I didn't know all natural (whole) milk has the same level of vitamin A.
    "I am a bird"

  17. #15
    Chester Copperpot
    Member

    Quote Originally Posted by luctor-et-emergo View Post
    I didn't know all natural (whole) milk has the same level of vitamin A.
    well it makes sense that without the fat, the milk would be void of fat soluble vitamins D and A

  18. #16
    Quote Originally Posted by Mike Mitrosky View Post
    well it makes sense that without the fat, the milk would be void of fat soluble vitamins D and A
    No I get that but my point is that there is natural variation and wen government 'sets' a level and calls it 'the same level as natural milk' or something like that then all it is is arbitrary regulation. In other words; bullsh*t.
    "I am a bird"



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