Court Proceeds With Part of Private Label Organic Milk Lawsuit

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September 28, 2010

Consumers suing several national retail chains and the largest U.S. provider of private label organic milk claiming the products were falsely labeled, can proceed with a portion of their lawsuit, according to a recent federal appeals court ruling.

A lower court will now hear claims that Aurora Organic Dairy's milk was deceptively marketed as coming from small farms with open pastures, according to the ruling from the Eighth U.S. Circuit Court of Appeals, according to the Associated Press. However, the issue of organic labeling misrepresentation has been removed from the lawsuit.

The lawsuit against Aurora –– as well as retailers including Walmart ,Wild Oats, Target and Costco –– also claimed Aurora's milk should not be allowed to be labeled organic.

Although the lawsuit claims that each defendant is alleged to have misrepresented the manner in which their dairy cows were raised and fed in violation of various state deceptive trade practices laws, the court blocked that claim because the U.S. Department of Agriculture (USDA) has not withdrawn Aurora's organic certification, according to the report.

Greg Rossiter, a Walmart spokesman, told the Associated Press that they are "pleased that the court agreed that the dairy products were properly labeled as organic."

The other large retailers named in the suit declined to comment on the litigation, although Target told the Associated Press that the company no longer carried Aurora milk.

Boulder, Colo.-based Aurora and the USDA reached an agreement in 2007 that allowed Aurora to retain its organic certification, which the USDA had proposed revoking after identifying "willful violations" of the organic standards, including the use of "non-organic cows" that didn't eat organic feed or were possibly treated with hormones and antibiotics.

Aurora agreed to alter its operation in Platteville, Colo., reduce the size of its herd and provide dairy cows access to pasture during the growing season, according to the report.

Read These Related Articles:

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• Chris Silva Promoted to President, Morningstar Division of Dean Foods
• Tesco Reveals Carbon Footprint on Private Label Milk
• Food Lion Promotes Private Label Milk on the Web
• Aldi Drops Milk Prices Under a Buck

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