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U.S. Court of Appeals for the D.C. Circuit

Case Status

Decided

Docket Number

13-5281

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Case Updates

Petition for rehearing en banc denied

October 31, 2014

D.C. Circuit upholds USDA meat labeling rule

July 29, 2014

The Court upheld the COOL labeling law stating that the Zauderer standard of review applies to all compelled disclosures of “purely factual and uncontroversial information” including compelled disclosures that are intended to reach problems other than consumer deception. The labeling law does not violate free speech in compelling the meat industry to disclose to consumers the origins of their products.

U.S. Chamber files amicus brief on USDA meat labeling rule

April 23, 2014

In the coalition brief, the U.S. Chamber asked the District of Columbia Circuit Court to review the district court's decision and rule that mandatory disclosure of commercial information compelled for reasons other than preventing consumer deception is not subject to review under Zauderer v. Office of Disciplinary Counsel. The U.S. Chamber filed the brief jointly with the National Association of Manufacturers and the Business Roundtable. Peter D. Keisler, Jonathan F. Cohn and Ericka L. Myers of Sidley Austin LLP represented the U.S. Chamber as co-counsel to the National Chamber Litigation Center.

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