Judge Dismisses Lawsuit Over Ungraded Butter Ban
by Hope Kirwan, Associated Press
Posted: 2018-02-08 15:34:12 EST

A federal judge has dismissed a lawsuit filed by an Ohio dairy operation against Wisconsin officials over the state's ban on the sale of ungraded butter.

Minerva Dairy, of Minerva, Ohio, argued the ban unconstitutionally protected large Wisconsin-based dairies. The dairy had sold artisanal butter in Wisconsin until February 2017 when state inspectors discovered its product was ungraded and ordered the company to comply with the law.

U.S. District Judge James Peterson, in a ruling Monday, said the state has the right to require grade labels on retail butter so that consumers can "purchase butter with confidence in its quality." The decision said consumer protection is a "legitimate governmental interest" and the state has the right to protect citizens low-quality butter.

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