Wisconsin Dairy lawsuit dismissed

The Wisconsin State Journal reported that on Feb. 5, a federal judge dismissed a lawsuit brought against Wisconsin officials last year by an Minevra, OH, dairy no longer allowed to sell its butter in Wisconsin unless it complies with a state law requiring it to be graded. U.S. District Judge James Peterson wrote that a state law requiring that butter sold in Wisconsin be state or federally graded does not violate the constitutional rights of Minerva Dairy. The dairy had sold artisanal butter in Wisconsin until February 2017, when state inspectors discovered, after receiving an anonymous complaint, that the butter was ungraded and ordered the company to comply with the law. Peterson wrote in his decision that the law “is rationally related to Wisconsin’s legitimate interest in helping its citizens make informed butter purchases. The state may require grade labels on retail butter packages so that consumers could purchase butter with confidence in its quality.” He also wrote, “Consumer protection is a legitimate governmental interest.” Peterson also rejected Minerva’s argument that the state law discriminates against artisanal butter makers like Minerva whose products are sold across state lines.