Appeals court to take up AMI case on COOL
April 07, 2014 | 04:38 PM
The U.S. Court of Appeals for the District of Columbia Circuit on Friday announced that it would rehear the American Meat Institute’s case against the Agriculture Department’s country-of-origin labeling for red meat labeling regime on May 19.
On March 28, the court denied a request for a preliminary injunction to block implementation of the rule, but the court has vacated that ruling and a three-judge panel will hear the case.
The court also said the parties must file by April 21 “simultaneous supplemental briefs, not to exceed 7,500 words each, addressing the following issue:
“Whether, under the First Amendment, judicial review of mandatory disclosure of ‘purely factual and uncontroversial’ commercial information, compelled for reasons other than preventing deception, can properly proceed under Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626, 651 (1985), or whether such compelled disclosure is subject to review under Central Hudson Gas & Electric v. PSC of New York, 447 U.S. 56.”
▪ Court order
On March 28, the court denied a request for a preliminary injunction to block implementation of the rule, but the court has vacated that ruling and a three-judge panel will hear the case.
The court also said the parties must file by April 21 “simultaneous supplemental briefs, not to exceed 7,500 words each, addressing the following issue:
“Whether, under the First Amendment, judicial review of mandatory disclosure of ‘purely factual and uncontroversial’ commercial information, compelled for reasons other than preventing deception, can properly proceed under Zauderer v. Office of Disciplinary Counsel, 471 U.S. 626, 651 (1985), or whether such compelled disclosure is subject to review under Central Hudson Gas & Electric v. PSC of New York, 447 U.S. 56.”
▪ Court order
