Source: Tom Johnston, MEATINGPLACE, 10/7/14


The meat industry lobby and USDA both filed briefs Monday in ongoing litigation over country-of-origin labeling law.

In the American Meat Institute et al vs. USDA case, which is separate from the COOL issue underway at the World Trade Organization, the meat industry contends USDA exceeded the intent of Congress in the promulgation of the law.

The industry has sought an en banc rehearing by the U.S. Court of Appeals for the District of Columbia Circuit. Meat industry representatives lost their appeal seeking a preliminary injunction blocking implementation of the COOL rule. The case was a split decision based on interpretation of First Amendment law as it applies to commercial speech.

On Monday, USDA, the primary defendant, filed an opposition brief arguing that “the panel decision was correct and presents no issue of exceptional importance that would warrant review by the full Court.” 

The United States Cattlemen’s Association, part of a group that intervened for the defendants, also filed a brief contending the case is “not a case of exceptional importance.”

Meat industry officials note, however, that the en banc decision from March for which they seek a rehearing included “a powerful dissenting opinion.”

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