The U.S. Court of Appeals for the 10th Circuit recently ruled against a case brought on by New Mexico cattle ranchers who argued the “Product of USA” label was often used to mislabel foreign beef.
“Allowing plaintiffs to impose (a different label standard) would impose a requirement different from what USDA’s Food Safety and Inspection Service has already approved as consistent with the Federal Meat Inspection Act,” wrote Denver Circuit Judge Nancy Moritz in her 21-page ruling.
The 2020 suit named the Big Four packers as defendants, and the case was dismissed by the District Court last year. The Court of Appeals affirmed the District Court’s dismissal. In late January, USDA announced it would begin collecting information regarding consumers’ value of USA-labeled beef and their willingness to pay extra for products labeled as such.
The agency opened a commenting period, which closes April 4. To submit a comment, visit www.regulations.gov and search for docket number FSIS-2021-0031, or mail to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Mailstop 3758, Washington, DC 20250-3700.
