Court of Appeals will review COOL en banc

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North American Meat Association was pleased to learn this morning that the U.S. Court of Appeals for the District of Columbia Circuit will review en banc the case declaring USDA’s Country-of-Origin Labeling (COOL) Rule unconstitutional. The previous decision by the court has been vacated.

This decision comes from a suggestion by the original panel of Appeals Court judges who said, in their decision, that “the full court hear this case en banc to resolve for the circuit whether, under Zauderer, government interests in addition to correction deception can sustain a commercial speech mandate that compels firms to disclose purely factual and non-controversial information.” Today the full court ordered that the case will be reheard. Oral arguments will be taken on May 19, 2014.

“This is a positive development. Constitutional cases are notoriously difficult, but we have a strong case and with this action the Appeals Court is signaling that it is taking our argument very seriously,” said NAMA CEO Barry Carpenter.

With representatives in the United States, Canada and Mexico, and a community of more than 600 companies, North American Meat Association provides its members exceptional regulatory advocacy, educational opportunities, and a spirit of partnership that is unique in the industry.

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